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OCT  23  191* 


LAWS 

RELATING  TO 

THE  COMMON  SCHOOLS 
OF  KANSAS, 

INCLUDING  OFFICIAL  OPINIONS  AND  SUG- 
GESTIONS TO  SCHOOL  OFFICERS. 


COMPILED  UNDER  DIRECTION  OF 

W.  D.  ROSS, 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


1915. 


KANSAS  STATE  PRINTING   PLANT. 

W.  R.  SMITH,  Btate  Printer. 

TOPEKA.      1915. 

6-349 


qx< 


' 


MALICIOUS  DESTRUCTION  OF  PROPERTY. 


[2837]  Any  person  who  shall  wilfully  and  maliciously 
destroy,  deface,  remove  or  injure  the  property  of  another,  pub- 
lic or  private,  when  the  value  of  the  property  is  under  twenty 
dollars,  shall  on  conviction  be  denied  guilty  of  a  misdemeanor, 
and  punished  by  fine  not  less  than  one  dollar  nor  more  than  one 
hundred,  dollars,.  qr:  fey  imprisonment  in  the  county  jail  not  to 
exceed  six  months,  or  by  both  such  fine  and  imprisonment. 
(Laws.  1907,;  ch!'  185,  sec.  I.) 

[2838]  Any  person  who  shall  willfully  and  maliciously 
destroy,  deface,  remove  or  injure  the  property  of  another, 
public  or  private,  when  the  value  of  the  property  and  when  the 
amount  of  damage  done  thereto  is  twenty  dollars  or  more,  shall 
on  conviction  be  deemed  guilty  of  a  felony,  and  be  punished  by 
imprisonment  at  hard  labor  in  the  penitentiary  of  the  state  of 
Kansas  for  a  term  not  less  than  one  year  nor  more  than  five 
years.  (Laws  1907,  ch.  185,  sec.  2.) 


To  County  and  City  Superintendents  and  School  Officers: 
I  furnish  you  herewith  a  copy  of  the  school  laws  of  Kansas 

revised  to  date. 

The  official  opinions  and  suggestions,  I  trust,  will  be  helpful 

to  you  in  the  discharge  of  your  official  duties. 

W.  D.  ROSS, 

State  Superintendent  of  Public  Instruction. 
JULY  24,  1915. 

(3) 


341803 


TABLE  OF  CONTENTS. 

Chapter.  Page. 

MALICIOUS  DESTRUCTION  OF  PROPERTY 2 

LETTER  OF  TRANSMITTAL 3 

Educational  provisions  of  the  organic  act 5 

Educational  provisions  of  the  constitution 5 

Education  provisions  of  the  act  of  admission 7 

Laws  relating  to  the  common  schools  of  Kansas 9 

Bonds : .                   I  9 

Business  colleges II  25 

Certification  of  teachers Ill  27 

Child  labor , IV  43 

Cities V  45 

Compulsory  education VI  75 

Consolidation VII  81 

County  school  fund VIII  84 

County  superintendent IX  86 

Districts X  101 

Fines  and  penalties XI  132 

Fire  protection XII  133 

High  schools XIII  136 

Industrial  education XIV  159 

Industrial  school  pupils XV  161 

Juvenile  court ' XVI  162 

Kindergartens XVII  174 

Levies XVIII  175 

Libraries XIX  177 

Night  schools XX  179 

Normal  institutes XXI  181 

Normal  training XXII  184 

Patriotic  instruction XXIII  186 

Retirement  fund XXIV  187 

School-fund  commissioners XXV  190 

State  annual  school  fund XXVI  200 

State  department  of  education XXVII  201 

Textbooks XXVIII  207 

Tobacco  and  cigarettes XXIX  229 

Warrants  and  bonds  lost  and  destroyed .            XXX  230 

Warrants,  registration  of XXXI  231 

Wiliard,  Frances  Willard  Day XXXII  234 

INDEX 235 

(4) 


EDUCATIONAL  PROVISIONS  OF  THE  ORGANIC  ACT. 


[69] 1  SECTION  34.  And  be  it  further  enacted,  That  when 
the  lands  in  the  said  territory  shall  be  surveyed  under  the 
direction  of  the  government  of  the  United  States,  preparatory 
to  bringing  the  same  into  market,  sections  numbered  16  and 
36  in  each  township  in  said  territory  shall  be  and  the  same 
are  hereby  reserved  for  the  purpose  of  being  applied  to  schools 
in  said  territory  and  in  the  states  and  terri'tories  hereafter  to 
be  erected  out  of  the  same. 

Approved  May  30,  1854. 


EDUCATIONAL  PROVISIONS  OF  THE  STATE 
CONSTITUTION. 


ARTICLE  II. 

[141]  SECTION  23.  The  legislature,  in  providing  for  the 
formation  and  regulation  of  schools,  shall  make  no  distinc- 
tion between  the  rights  of  males  and  females. 

ARTICLE  VI. 

[177]  SECTION  1.  The  state  superintendent  of  public  in- 
struction shall  have  the  general  supervision  of  the  common- 
school  funds  and  educational  interests  of  the  state,  and  perform 
such  other  duties  as  may  be  prescribed  by  law.  A  superin- 
tendent of  public  instruction  shall  be  elected  in  each  county, 
whose  term  of  office  shall  be  two  years,  and  whose  duty  and 
compensation  shall  be  prescribed  by  law. 

[178]  SEC.  2.  The  legislature  shall  encourage  the  pro- 
motion of  intellectual,  moral,  scientific  and  agricultural  im- 
provement, by  establishing  a  uniform  system  of  common 
schools,  and  schools  of  a  higher  grade,  embracing  normal,  pre- 
paratory, collegiate  and  university  departments. 

[179]  SEC.  3.  The  proceeds  of  all  lands  that  have  been 
or  may  be  granted  by  the  United  States  to  the  state  for  the 
support  of  schools,  and  the  500,000  acres  of  land2  granted  to 
the  new  states  under  an  act  of  Congress  distributing  the  pro- 
ceeds of  public  lands  among  the  several  states  of  the  Union, 
approved  September  4,  A.  D.  1841,  and  all  estates  of  persons 
dying  without  heir  or  will,  and  such  per  cent  as  may  be 

1.  See  note  at  top  of  page  9. 

2.  This  money  was  never  in  the  school  fund. 

(5) 


6  CONSTITUTIONAL   PROVISIONS. 

granted  by  Congress  on  the  sale  of  lands  in  this  state,  shall 
be  the  common  property  of  the  state,  and  shall  be  a  perpetual 
school  fund,  which  shall  not  be  diminished,  but  the  interest 
of  which,  together  with  all  the  rents  of  the  lands,  and  such 
other  means  as  the  legislature  may  provide  by  tax  or  other- 
wise, shall  be  inviolably  appropriated  to  the  support  of  com- 
mon schools. 

[180]  SEC.  4.  The  income  of  the  state  school  funds  shall 
be  disbursed  annually,  by  order  of  the  state  superintendent, 
to  the  several  county  treasurers,  and  thence  to  the  treasurers 
of  the  several  school  districts,  in  equitable  proportion  to  the 
number  of  children  and  youth  resident  therein,  between  the 
ages  of  five  and  twenty-one  years;  provided,  that  no  school 
district  in  which  a  common  school  has  not  been  maintained 
at  least  three  months  in  each  year  shall  be  entitled  to  receive 
any  portion  of  such  funds. 

[181]  SEC.  5.  The  school  lands  shall  not  be  sold  unless 
such  sale  shall  be  authorized  by  a  vote  of  the  people  at  a 
general  election ;  but,  subject  to  revaluation  every  five  years, 
they  may  be  leased  for  any  number  of  years  not  exceeding 
twenty-five,  at  a  rate  established  by  law. 

[182]  SEC.  6.  All  money  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty ;  the  clear 
proceeds  of  estrays,  ownership  of  which  shall  vest  in  the 
taker-up,  and  the  proceeds  of  fines  for  any  breach  of  the 
penal  laws,  shall  be  exclusively  applied  in  the  several  coun- 
ties in  which  the  money  is  paid  or  fines  collected,  to  the  sup- 
port of  common  schools. 

[183]  SEC.  7.  Provision  shall  be  made  by  law  for  the 
establishment,  at  some  eligible  and  central  point,  of  a  state 
university,  for  the  promotion  of  literature  and  the  arts  and 
sciences,  including  a  normal  and  an  agricultural  department. 
All  funds  arising  from  the  sale  or  rents  of  lands  granted  by  the 
United  States  to  the  state  for  the  support  of  a  state  univer- 
sity, and  all  other  grants,  donations,  or  bequests,  either  by  the 
state  or  by  individuals,  for  such  purpose,  shall  remain  a  per- 
petual fund,  to  be  called  the  "University  fund" ;  the  interest 
of  which  shall  be  appropriated  to  the  support  of  the  state 
university. 

[184]  SEC.  8.  No  religious  sect  or  sects  shall  ever  con- 
trol any  part  of  the  common-school  or  university  funds  of 
the  state. 

[185]  SEC.  9.  The  state  superintendent  of  public  instruc- 
tion, secretary  of  state  and  attorney-general  shall  constitute  a 
board  of  commissioners  for  the  management  and  investment 
of  the  school  funds.  Any  two  of  said  commissioners  shall  be 
a  quorum. 

(Constitution  ratified  by  the  people  October  4,  1859.) 


CONSTITUTIONAL   PROVISIONS. 


EDUCATIONAL  PROVISIONS  OF  THE  ACT  OF 
ADMISSION. 


[264]  SECTION  3.  ...  First:  That  sections  num- 
bered 16  and  36,  in  every  township  of  public  lands  in  said 
state,  and  where  either  of  said  sections  or  any  part  thereof 
has  been  sold  or  otherwise  been  disposed  of,  other  lands, 
equivalent  thereto  and  as  contiguous  as  may  be,  shall  be 
granted  to  said  state  for  the  use  of  schools. 

Second:  That  seventy-two  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  state  university, 
to  be  selected  by  the  governor  of  said  state,  subject  to  the  ap- 
proval of  the  commissioner  of  the  general  land  office,  and  to 
be  appropriated  and  applied  in  such  manner  as  the  legislature 
of  said  state  may  prescribe  for  the  purpose  aforesaid,  but  for 
no  other  purpose. 

Approved  January  29,  1861. 


LAWS  RELATING  TO  THE  COMMON  SCHOOLS 

OF  KANSAS. 


NOTE. — The  figures  enclosed  in  brackets,  thus  [7631],  refer  to  the 
paragraph  numbers  in  the  General  Statuses  of  1909;  the  section  num- 
bers, beginning  on  this  page,  are  in  consecutive  order,  for  convenience 
of  reference  to  the  School  Laws  of  1915.  For  example:  If  it  is  desired 
to  quote  a  section  of  the  law,  reference  should  be  stated  thus:  "Sec- 
tion — ,  School  Laws  of  1915;  section  — ,  General  Statutes  of  1909." 

Offiaial  opinions  will  b«  found  in  the  notes  at  the  bottom  of  the  pages. 

CHAPTER  I.— Bonds. 
ARTICLE  I. — School-district  Bonds. 


§1.  Purposes  for  which  district  bonds  may 
be  issued  and  restrictions  concern- 
ing: the  same. 

2.  Bond    elections;    notices    of,    and    how 

conducted. 

3.  Denominations,    rates    of    interest,    and 

disposal   of   bonds. 

4.  Limitations  modified. 

5.  Authority  of  school-fund  commissioners. 

6.  Application  to  vote  additional  bonds. 

7.  Hearing  of  application. 

8.  Bonds  must  be  registered. 

9.  Sinking-fund,    how    provided    and    in- 

vested. 
10.   Interest   credited  to   sinking-fund. 


§11.  Penalty  for  issuing  bonds  without  au- 
thority, and  for  misappropriation 
of  the  proceeds. 

12.  Final    disposition   of   paid   bonds    and 

coupons. 

13,  14.  Bonds  belonging:  to  the  state  per- 

manent  school   fund   may   be   paid 
or  refunded  before  maturity. 

15.  Payable  at  the  state  treasurer's  office. 

16.  State   treasurer   to   furnish   statement. 

17.  Remittance    of    funds    to    state    treas- 

urer. 

18.  Bonds  to   be   canceled  by   state  treas- 

urer. 

19.  Penalty  for  city  and  county  treasurers 

refusing  to  act. 

SECTION  1.  School-district  Bonds.  [7631]  That  for  the 
purpose  of  erecting  or  purchasing  one  or  more  schoolhouses  in 
and  for  any  school  district  in  the  state  of  Kansas,  the  board 
of  directors  of  the  same  shall  have  power  to  issue  the  bonds 
of  the  district  in  an  amount  not  to  exceed  one  and  one-half 
per  cent  of  its  taxable  property,  as  shown  in  the  last  assess- 
ment thereof;3  provided,  that  this  limitation  shall  not  apply  to 
bonds  heretofore  legally  voted.  And  for  the  purpose  of  ex- 
tending the  time  of  payment  of  the  bonded  indebtedness  of  any 
school  district,  the  board  of  directors  of  the  same  shall  have 
power  to  issue  the  bonds  of  the  district  in  a  sum  not  to  exceed 
in  amount  its  outstanding  bonded  indebtedness ;  provided,  that 
no  such  bonds  shall  be  issued  until  at  an  election4  called  for 
that  purpose  the  question  shall  have  been  submitted  to  the 
qualified  electors  of  the  district,  and  a  majority  of  all  the  qual- 
ified electors  voting  on  the  proposition  shall  have  declared  by 

3.  Bonds  issued  to  pay  indebtedness  already  contracted  are  illegal. 
School-district  bonds  can  not  be  issued  except  for  the  purpose  of  erecting 
or  purchasing  one  or  more  schoolhouses.    An  addition  to  a  schoolhouse  is 
included  in  the  term  "erecting  or  purchasing  one  or  more  schoolhouses," 
and  bonds  may  be  voted  legally  for  this  purpose. 

4.  The  Australian  ballot  law  does  not  apply  to  school-bond  elections. 

(9) 


10  BONDS — SCHOOL  DISTRICT.  [CH.  1 

their  ballots  in  favor  of  issuing  the  same;  and  provided 
further,  that  no  such  election  shall  be  ordered  unless  a  petition, 
stating  the  purpose  for  which  the  bonds  are  to  be  issued,  and 
signed  by  at  least  one-third  of  the  qualified  electors  of  said 
district,  shall  have  been  presented  to  the  district  board  pray- 
ing that  a  vote  be  taken  for  the  issuing  of  such  amount  of 
bonds  as  may  be  asked  for  therein ;  and  provided  further,  that 
it  shall  be  unlawful  for  any  school  district  to  create  any  bonded 
indebtedness  unless  there  are  at  least  fifteen  persons  between 
the  ages  of  five  and  twenty-one  years  actually  residing  within 
the  limits  thereof,  as  shown  by  a  sworn  census  return,  taken  by 
the  direction  of  the  board  of  directors  of  such  school  district/' 
(Laws  1909,  ch.  62,  sec.  4.) 

SEC.  2.  Election.  [7632]  Whenever  such  a  petition,  so 
signed,  shall  be  presented  to  the  board  of  directors  of  any 
school  district,  praying  that  a  vote  be  taken  on  the  question  of 
issuing  the  bonds  of  the  said  district,  it  shall  be  the  duty  of 
the  district  board  immediately  to  order  an  election  for  the  pur- 
pose of  determining  the  question  of  the  issuing  of  bonds  as 
prayed  for,  and  forthwith  to  give  notice,  by  posting  written  or 
printed  notices,  signed  by  the  clerk,  in  five  of  the  most  public 
places  in  the  district,  which  notices  shall  be  posted  up  at  least 
ten  days6  before  such  election,  and  shall  state  therein  the 
object  for  which  the  election  was  called  and  the  manner  in 
which  the  question  shall  be  voted  upon.7  That  said  election 
shall  be  conducted  in  all  respects  as  are  general  elections  under 
the  laws  of  the  state,  except  that  females  of  th  3  age  of  twenty- 
one  years  shall  be  entitled  to  vote  at  all  such  elections,  subject 
only  to  the  exceptions  applied  to  males ;  and  the  returns  of  the 

5.  Build  Schoolhouse.    School  districts  having  less  than  fifteen  children 
of  school  age  within  their  limits  are,  by  the  terms  of  the  law  providing  for 
the  issuance  of  school-district  bonds,  prohibited  and  debarred  from  raising 
funds  for  the  building  or  purchase  of»  schoolhouses  by  the  issuance  of 
school-district  bonds.     Such  school  districts  can  provide  funds  for  the 
building  of  schoolhouses  by  issuing  school-district  warrants,  to  the  extent 
and  within  the  limitation  of  section  7407,  General  Statutes  of  1909  (sec- 
tion 285  of  this  book),  but  not  otherwise.    It  is  within  the  power  of  school 
districts,  under  said  section,  to  vote  a  tax  annually,  not  exceeding  four 
and  one-half  mills  on  the  taxable  property  in  the  district,  for  school  pur- 
poses, and  to  distribute  such  portion  of  the  amount  of  such  tax  as  the 
school  meeting  shall  deem  proper  for  the  purpose  of  building,  hiring  or 
purchasing  a  schoolhouse  for  the  district.     Beyond  this  the  district  can 
not  go.     School  warrants  for  building  schoolhouses  can  not  be  issued  in 
excess  of  the  amount  authorized  by  law,  upon  the  expectation  that  in 
subsequent  years  the  school  district  will  provide  funds  for  the  payment  of 
the  same  by  taxation. 

6.  Ten  days  should  intervene  between  the  date  of  posting  the  election 
notices  and  the  day  of  the  election,  without  counting  either  of  the  two 
dates. 

7.  The  utmost  care  should  be  had  in  complying  with  the  law  in  every 
detail;  otherwise  the  bonds  may  be  invalid  or  their  sale  affected  by  their 
unfavorable  history. 


CH.  1]  BONDS — SCHOOL  DISTRICT.  11 

election  shall  be  the  same,  except  that  they  shall  be  made  to 
the  district  board.  (Laws  1879,  ch.  49,  sec.  2.) 

SEC.  3.  Issuance.  [7633]  The  bonds  herein  provided  for 
shall  be  issued  in  denominations  of  not  less  than  $100  nor 
more  than  $500  each;8  they  shall  bear  interest  at  a  rate  not 
to  exceed  six  per  cent  per  annum,  payable  semiannually  on 
the  1st  days  of  January  and  July  of  each  year,  at  such  place 
as  shall  be  designated  in  the  bonds,  the  principal  of  the  bonds 
being  made  payable  within  fifteen  years  from  their  date. 
These  bonds  shall  specify  on  their  face  the  date  of  issue, 
amount,  for  what  purpose  and  to  whom  issued,  the  time  they 
run,  the  rate  and  times  of  payment  of  interest,  and  shall  have 
coupons  attached  for  the  interest  as  it  becomes  due,  said 
coupons  being  so  arranged  that  the  last  one  shall  fall  due  at 
the  time  of  the  maturity  of  the  bond.  Said  bonds  and  the 
coupons  thereto  attached  shall  be  signed  by  the  director  and 
countersigned  by  the  clerk,  and  after  registration  by  the 
county  clerk  shall  be  negotiable  and  transferable  by  delivery, 
and  may  be  disposed  of  by  the  district  board  at  not  less  than 
ninety-five  cents  on  the  dollar,  and  the  proceeds  of  the  same 
applied  as  provided  for  in  the  petition  at  which  issuance  of 
the  bonds  was  authorized.  (Laws  1879,  ch.  49,  sec.  3.) 

SEC.  4.  Limitations  Modified.  The  limitations  placed  by  the 
statutes  upon  the  voting  of  bonds  in  cities  and  school  districts 
for  the  purpose  of  erecting  school  buildings  may  be  modified  as 
in  this  act  provided.  (Laws  1911,  ch.  257,  sec.  1.) 

SEC.   5.     Authority  of  School-fund   Commissioners.     The 

Board  of  School-fund  Commissioners  of  the  state  of  Kansas  is 
hereby  authorized  and  empowered  to  make  an  order  authoriz- 
ing any  city  or  school  district  to  vote  bonds  for  the  purpose  of 
erecting  school  buildings  to  an  amount  of  not  more  than  fifty 
per  cent  in  excess  of,  and  in  addition  to,  the  amount  of  bonds 
that  may  be  voted  under  laws  now  in  force.  (Laws  1911,  ch. 
257,  sec.  2.) 

SEC.  6.  Application  to  Vote  Additional  Bonds.  The  power 
of  the  said  Board  of  School-fund  Commissioners  herein  may  be 
invoked  by  the  filing  with  it  of  an  application  by  the  board  of 
education  of  a  city  or  by  the  school-district  board  of  a  school 
district  that  the  permission  of  the  said  Board  of  School-fund 
Commissioners  be  given  for  the  voting  and  issuance  of  addi- 
tional bonds  as  provided  in  the  preceding  section.  The  said  ap- 
plication shall  be  accompanied  by  a  petition  to  the  board  of  edu- 
cation or  the  school-district  board,  signed  by  not  less  than 
one-half  of  the  number  of  electors  who  may  be  entitled  to  vote 
for  an  issuance  of  bonds  under  the  laws  in  force  at  the  time  of 

8.  Bonds  should  be  issued  in  denominations  of  $100,  $200,  and  $500,  to 
conform  to  the  printed  bonds  furnished  to  districts  by  the  School-fund 
Commissioners. 


12  BONDS — SCHOOL  DISTRICT.  [CH.  1 

the  taking  effect  of  this  act,  requesting  that  an  application  as 
hereinbefore  provided  shall  be  filed  with  the  said  Board  of 
School-fund  Commissioners.  Notice  of  the  intention  to  file 
such  application  shall  be  given  to  the  electors  by  a  publication 
in  the  official  county  paper,  in  form  to  be  prescribed  by  the  said 
Board  of  School-fund  Commissioners ;  and  the  said  board  shall 
also  prescribe  all  rules  and  regulations  which  may  be  found 
necessary  to  properly  carry  out  the  provisions  of  this  act,  in- 
cluding rules  in  relation  to  the  evidence  required  in  support  of 
the  application  and  the  method  of  furnishing  such  evidence. 
(Laws  1911,  ch.  257,  sec.  3.) 

SEC.  7.  Hearing  of  Application.  The  said  application  shall 
be  heard  by  the  Board  of  School-fund  Commissioners  upon  a 
day  fixed,  and  the  board  of  education  or  school-district  board 
be  so  notified ;  and  which  hearing  shall  be  at  the  county  seat 
of  the  county  whence  the  application  comes;  and  the  said 
board  shall  make  an  order  either  granting  or  denying  said 
application ;  and  if  the  order  made  shall  grant  the  application 
and  call  for  an  election  to  vote  upon  the  question  of  issuing 
said  increased  amount  of  bonds,  the  election  so  called  shall  be 
held  in  all  respects  as  is  provided  by  laws  in  operation  at  the 
time  of  the  taking  effect  of  this  act,  and  any  bonds  so  voted 
and  issued  pursuant  to  such  election  shall  be  in  all  respects 
legal  and  valid  bonds  of  the  city  or  school  district  which  votes 
and  issues  them.  (Laws  1911,  ch.  257,  sec.  4.) 

SEC.  8.  Registration.  [7634]  Before  delivering  any  school- 
district  bonds,  the  board  of  directors  of  the  district  issuing 
the  same  shall  cause  them  to  be  registered  with  the  clerk  of 
the  county  in  which  the  said  district  is  located.  And  it  shall 
be  the  duty  of  the  county  clerk,  on  presentation  of  any  school 
bonds  for  registry,  to  register  the  same  in  a  book  prepared  for 
that  purpose,  which  register  shall  contain  (1)  the  number  of 
the  district;  (2)  the  number  of  the  bond;  (3)  date  of  bond; 
(4)  to  whom  payable;  (5)  when  [where]  payable;  (6)  when 
due;  (7)  when  interest  is  due;  (8)  amount  of  bond.  The 
county  clerk  shall  furnish  one  copy  of  his  register  to  the 
county  treasurer,  and  forward  one  copy  to  the  state  superin- 
tendent, together  with  a  statement  showing,  (1)  the  number 
of  sections  of  land  in  the  district  issuing  such  bonds;  (2)  the 
number  of  acres  of  land  assessed  and  subject  to  taxation  in 
said  district;  (3)  the  assessed  valuation  of  taxable  lands; 
(4)  the  assessed  valuation  of  all  personal  property  in  such 
district;  which  statement  shall  be  signed  by  each  member  of 
the  school  board  issuing  the  bonds,  and  the  county  clerk  shall 
certify  under  the  official  seal  of.  his  office  to  the  correctness  of 
the  statement  and  the  genuineness  of  the  signatures  attached 
thereto.  (Laws  1879,  ch.  49,  sec.  4.) 

SEC.  9.  Interest  and  Sinking-fund.  [7635]  It  shall  be 
the  duty  of  the  board  of  county  commissioners  of  each  county 


CH.  1]  BONDS — SCHOOL  DISTRICT.  13 

to  levy,  annually,  upon  all  the  taxable  property  in  each  district 
in  such  county,  a  tax  sufficient  to  pay  the  interest  accruing 
upon  any  bonds  issued  by  such  district,  and  to  provide  a  sink- 
ing-fund for  the  final  redemption  of  the  bonds,  such  levy  to  be 
made  with  the  annual  levy  of  the  county  and  the  taxes  collected 
with  the  other  taxes,  and  when  collected  shall  be  and  remain 
in  the  hands  of  the  county  treasurer,  a  specific  fund  for  the 
payment  of  the  interest  upon  such  bonds,  and  for  their  final 
payment  at  maturity  ;9  provided,  that  moneys  in  the  hands  of 
the  county  treasurer  belonging  to  the  sinking-fund  of  the  sev- 
eral school  districts  in  such  county  shall  be  invested  by  the 
county  treasurer,  (1)  in  the  bonds  of  the  district  to  which  said 
sinking-fund  belongs,  provided  such  bonds  can  be  purchased 
at  a  price  not  exceeding  their  market  or  par  value;  (2)  in  the 
bonds  of  other  school  districts  of  this  state  maturing  before 
the  bonds  for  which  such  fund  is  raised,  provided  the  same 
can  be  purchased  at  a  price  not  exceeding  their  market  or  par 
value ;  (3)  in  the  bonds  of  the  state  of  Kansas,  or  of  the  United 
States.  (Laws  1879,  ch.  49,  sec,  5.) 

SEC.  10.  Interest  Credited  to  Sinking-fund.  That  whenever 
any  city,  township  or  school  district  sinking-fund  shall  amount 
to  $500  and  shall  have  been  in  the  hands  of  the  county  treas- 
urer for  the  period  of  one  year,  it  shall  be  the  duty  of  such 
treasurer,  and  he  is  hereby  required,  to  credit  any  such  sink- 
ing-fund with  its  proportional  share  of  the  interest  thereafter 
accruing  from  the  deposit  by  such  treasurer  of  the  public 
moneys  in  banks  as  provided  by  law,  and  thereafter  such  in- 
terest shall  belong  to  and  be  a  part  of  such  sinking-fund,  and 
the  same  shall  no  longer  belong  to  the  county.  (Laws  1911, 
ch.  288,  sec.  1.) 

SEC.  11.  Penalty  for  Issuing  Illegally.  [7636]  If  any 
school-district  officer,  whose  duty  it  is  under  the  provisions  of 
this  act  to  issue  or  assist  in  any  manner  in  the  issuance  of  the 
bonds  of  any  school  district,  shall  prepare,  sign  or  deliver,  or 
aid,  counsel  or  assist  in  preparing,  signing  or  delivering,  or 
shall  cause  to  be  prepared,  signed,  or  delivered,  any  bond  or 
bonds  of  any  school  district,  at  any  time  before  such  bond  or 
bonds  are  authorized  by  this  act  to  be  prepared,  signed  or 
delivered,  such  officer  shall  be  guilty  of  a  felony,  and  upon  con- 
viction shall  be  fined  in  a  sum  of  not  less  than  $500  nor  more 
than  $5000,  or  by  imprisonment  in  the  penitentiary  for  not 
less  than  one  year  and  not  longer  than  five  years,  or  by  both 
such  fine  and  imprisonment.  And  if  the  board  of  directors  of 
any  school  district,  or  any  member  thereof,  shall  use  or  dis- 
pose of  any  school  district  bonds,  or  the  money  accruing  from 
the  sale  of  such  bonds,  in  any  other  manner  or  for  any  other 
purpose  than  that  for  which  the  same  was  created  or  intended, 

9.  The  sinking-fund  can  not  legally  be  used  in  payment  of  any  other 
obligation  than  that  for  which  it  was  levied. 


14  BONDS — SCHOOL   DISTRICT.  [CH.  1 

he  or  they  shall  be  liable  to  be  punished  by  fine  in  any  sum  not 
less  than  $1000,  by  information  or  indictment  in  any  court  of 
competent  jurisdiction,  or  by  imprisonment  in  the  county  jail 
not  more  than  six  months,  or  by  both  such  fine  and  imprison- 
ment. (Laws  1879,  ch.  49,  sec.  6.) 

SEC.  12.  Final  Disposition.  [7637]  On  the  payment  of  the 
bonds  or  coupons  of  any  school  district,  the  county  treasurer 
shall  immediately  cancel  the  same,  and  indorse  thereon  the 
date  of  payment;  and  at  the  time  of  his  settlements  with  the 
several  school-district  treasurers  of  his  county  he  shall  de- 
liver to  each  the  canceled  bonds  and  coupons  of  his  district, 
and  take  a  receipt  therefor,  and  such  canceled  bonds  and 
coupons  shall  be  destroyed  by  the  district  treasurer  in  the 
presence  of  all  the  officers  of  the  district,  a  complete  record 
of  their  destruction  being  made  by  the  district  clerk.  On 
the  last  Saturday  of  July  of  each  year,  each  and  every  county 
treasurer  shall  make  to  the  clerk  of  his  county  a  detailed  re- 
port of  all  the  bonds  and  coupons  canceled  during  the  year, 
and  the  date  of  payment  of  'the  same,  accompanied  by  the 
receipts  given  by  district  treasurers  therefor ;  and  the  county 
clerk  shall  immediately  thereafter  cancel  the  registry  of  all 
such  bonds  and  coupons  by  indorsing  thereon  the  date  of 
payment  of  each.  (Laws  1879,  ch.  49,  sec.  7.) 

NOTE. — All  school  bonds  must  first  be  offered  to  the  School-fund  Com- 
mission, and  the  commission  has  the  option  to  purchase  same  at  not  more 
than  par.  See  section  530  of  this  book. 

SEC.  13.  Payment  before  Maturity.  [7716]  If  at  any  time 
any  board  of  education,  school  district,  township,  county  or 
city  of  any  class  shall  have  accumulated  in  the  treasury  sink- 
ing-fund sufficient  to  pay  in  full  any  bond  or  bonds  issued  by 
such  board  of  education,  school  district,  township,  county  or 
city  of  any  class  before  the  maturity,  the  state  permanent 
school  fund,  State  Normal  School  fund,  or  the  University  per- 
manent school  fund,  or  Agricultural  College  endowment  fund 
being  the  holders  thereof,  such  board  of  education,  school 
district,  township,  county  or  city  of  any  class  may  pay  the 
same  to  the  state  treasurer  at  the  time  any  interest  coupon  is 
due,  and  take  up  such  bond  or  bonds,  and  the  state  treasurer  is 
hereby  authorized  to  receive  the  same  and  cancel  such  bond  or 
bonds  and  the  unmatured  coupons  attached  thereto,  and  deliver 
the  same  so  canceled  to  the  officer  paying  the  amount ;  provided, 
that  the  state  treasurer,  before  delivering  said  bond  or  bonds, 
shall  present  the  same  to  the  auditor  of  the  state,  together 
with  a  statement  showing  the  amount  of  coupons  upon  which 
no  moneys  have  been  received,  and  upon  examining  such  state- 
ment, and  comparing  with  the  coupons  attached  to  such  bond 
or  bonds,  the  auditor  shall  credit  the  treasurer  with  the 
amounts  shown  to  be  canceled  before  maturity.  (Laws  1905, 
ch.  382,  sec.  1.) 


CH.  1]  BONDS— SCHOOL  DISTRICT.  15 

SEC.  14.    Payment  before  Maturity — Additional  Provisions. 

[605]  Whenever  any  county,  city,  township  or  school  district 
in  this  state  shall  owe  any  outstanding  and  unmatured  bonds, 
and  at  the  same  time  shall  have  in  its  treasury  any  sinking- 
funds  raised  to  .pay  such  bonds,  the  proper  officers  of  such 
county,  city,  township  or  school  district  may  use  such  funds  to 
purchase  or  pay  any  of  such  bonds  and  cancel  the  same,  when- 
ever they  can  be  so  purchased  or  paid  at  or  below  par,  or  at 
such  reasonable  price  above  par  as  may  be  requested  by  a  ma- 
jority of  the  resident  taxpayers  of  such  county,  city,  township, 
or  school  district,  and  which  request  may  be  made  by  a  written 
petition  to  that  effect,  directed  to  such  officers.  (Laws  1905, 
ch.  72,  sec.  1.) 

SEC.  15.  Payable  at  State  Treasury.  [622]  From  and  after 
the  taking  effect  of  this  act  all  bonds  issued  by  the  state,  or  any 
county,  township,  municipality,  or  school  district,  and  the  in- 
terest coupons  thereon,  shall  be  made  payable  at  the  office  of 
the  state  treasurer,  in  the  city  of  Topeka,  in  the  state  of  Kan- 
sas. (Laws  1908,  ch.  58,  sec.  2.) 

SEC.  16.  State  Treasurer  to  Furnish  Statement.  [7705]  At 
least  thirty  days  before  the  maturity  of  any  bonds  or  coupons 
belonging  to  the  permanent  school  fund  or  sinking-fund,  it 
shall  be  the  duty  of  the  state  treasurer  to  furnish  a  detailed 
statement  to  each  county  or  city  treasurer,  or  the  treasurer  of 
any  board  of  education,  of  the  amount  due  from  them  re- 
spectively, describing  in  such  statement  the  number  of  the 
district  or  the  name  of  the  city,  the  amount  of  interest  due,  and 
the  amount  of  principal  due,  if  any.  (Laws  1877,  ch.  174, 
sec.  2.) 

SEC.  17.  Remittance  of  Funds.  [7706]  It  shall  be  the  duty 
of  each  county  and  city  treasurer,  and  the  treasurers  of  boards 
of  education,  to  remit  to  the  state  treasurer,  at  least  ten  days 
before  the  maturity  of  any  bonds  or  coupons,  all  moneys  col- 
lected by  them  for  the  redemption  of  such  bonds  and  coupons, 
and  all  express  charges  and  postage  shall  be  a  proper  charge 
against  such  city  or  school  district  and  shall  be  allowed  to  such 
treasurer  on  settlement.  (Laws  1877,  ch.  174,  sec.  3.) 

SEC.  18.  Cancellation.  [7707]  On  receipt  of  any  funds  by 
the  state  treasurer,  he  shall  immediately  cancel  all  coupons  or 
bonds  for  which  funds  are  remitted,  and  return  such  coupons 
or  bonds  to  the  office  of  the  treasurer  remitting  the  same. 
(Laws  1877,  ch.  174,  sec.  4.) 

SEC.  19.  Penalty.  [7708]  Any  county  or  city  treasurer, 
or  treasurer  of  any  board  of  education,  who  shall  neglect  or 
refuse  to  perform  the  duties  required  of  him  by  this  act,  shall 
be  liable  to  the  state  in  a  sum  equal  to  double  the  amount  of 
such  bonds  or  coupons  remaining  unpaid  by  reason  of  such 
neglect  or  refusal,  which  may  be  recovered  in  a  suit  at  law 


16 


BONDS — REFUNDING. 


[CH.l 


against  such  treasurer  and  his  bondsmen;  and  it  is  hereby 
made  the  duty  of  the  county  attorney  of  the  proper  county, 
upon  the  request  of  the  attorney-general,  to  prosecute  all  such 
suits.  (Laws  1877,  ch.  174,  sec.  5.) 


ARTICLE  II.— Refunding  Bonds. 


§29.  Investment  of   sinking-fund. 

30.  Coupons  paid  and  destroyed. 

31.  Penalty  for  wrongful  use  of  money. 

32.  Coupons  when  due  shall  be  receivable 

for  taxes  by  corporation  issuing. 

33.  Merged  districts  may  refund  bonds. 

34.  Form  of  bonds. 

35.  Commissioners  to  lew. 

36.  Suits  against  merged  districts. 

37.  May  take  up  merged-district  bonds. 

38.  Law  governing  such  indebtedness. 

39.  Bonds  of  disorganized  districts. 


§20.   Bonded  indebtedness  may  be  refunded. 

21.  Bonds  shall  be  signed  by   whom. 

22.  Bonds  issued,   how  and  when. 

23.  Bonds     issued    for    payment    of    out- 

standing  warrants. 

24.  Bonds  shall  be  registered. 

25.  Indebtedness    shall    not    be    increased, 

when. 

26.  Annual  levy  for  interest  and  sinking- 

fund. 

27.  County    treasurer     may     make    levy, 

when. 

28.  Sinking-fund,   when  and  how  created. 

SECTION  20.  Bonded  Indebtedness  May  be  Refunded.  That 
section  588  of  the  General  Statutes  of  Kansas  of  1909  be  and 
the  said  section  is  hereby  amended  to  read  as  follows :  Sec.  588. 
Every  county,  every  city  of  the  first,  second  or  third  class,  the 
board  of  education  of  any  city,  every  township  and  every 
school  district  is  hereby  authorized  and  empowered  to  com- 
promise and  refund  its  bonded  indebtedness,  including  coupons 
and  judgments  thereon,  upon  such  terms  as  can  be  agreed 
upon,  and  to  issue  new  bonds  with  semiannual  interest  cou- 
pons attached  in  payment  for  any  sums  so  compromised; 
which  bonds  shall  be  sold  at  not  less  than  par,  shall  not  be  for 
a  longer  period  than  thirty  years,  shall  not  exceed  in  amount 
the  actual  amount  of  outstanding  indebtedness,  inclusive  of 
attached  coupons,  and  shall  not  draw  a  greater  interest  than 
six  per  cent  per  annum.  No  indebtedness  of  any  kind  shall  be 
funded  or  refunded  under  the  provisions  of  this  act  except 
bonded  indebtedness  actually  existing  at  the  time  of  the  pas- 
sage of  this  act  or  hereafter  legally  created;  and  nothing 
herein  contained  shall  be  construed  to  validate  or  invalidate 
any  existing  bonded  indebtedness;  provided,  that  whenever 
any  of  the  property  of  any  city  of  the  first  class  having  a  popu- 
lation of  40,000  and  over  is  subject  to  an  indebtedness  consist- 
ing of  mortgage  bonds,  and  such  city  of  the  first  class  has  paid 
in  cash  more  than  fifty  per  cent  of  the  purchase  price  of  such 
property,  then  such  mortgage  bonds  shall  be  deemed  to  be 
bonded  indebtedness  of  such  city  within  the  meaning  of  this 
act.  (Laws  1911,  ch.  67,  sec.  1.) 

NOTE. — Maturing  interest  coupons  may  be  included,  but  unearned  in- 
terest coupons  should  not  be  included.  See  Kelly  v.  Cole,  63  Kan.  386. 

SEC.  21.  Bonds  Shall  be  Signed  by  Whom.  [589]  Bonds 
issued  under  this  act  by  any  county  shall  be  signed  by  the 
chairman  of  the  board  of  county  commissioners,  and  attested 
by  the  county  clerk,  under  the  seal  of  the  county.  Bonds 
issued  by  any  city  shall  be  signed  by  the  mayor,  and  attested 


CH.  1]  BONDS — REFUNDING.  17 

by  the  city  clerk,  under  the  seal  of  the  city.  Bonds  issued  by 
any  township  shall  be  signed  by  the  trustee,  attested  by  the 
township  clerk,  and  countersigned  by  the  township  treasurer. 
Bonds  issued  by  the  board  of  education  of  any  city  shall  be 
signed  by  the  president,  and  attested  by  the  clerk  of  the  board, 
under  the  seal  of  such  board.  Bonds  issued  by  any  school 
district  shall  be  signed  by  the  director,  attested  by  the  clerk, 
and  countersigned  by  the  treasurer  of  the  school-district 
board,  and  the  coupons  shall  be  signed  by  the  mayor,  presi- 
dent, director,  trustee,  or  chairman  of  the  board  of  county 
commissioners,  and  the  clerks  respectively.  Such  bonds  may 
be  in  any  denomination,  from  $100  to  $1000,  and  made  payable 
at  such  place  as  may  be  designated  upon  the  face  thereof,  and 
they  shall  contain  a  recital  that  they  are  issued  under  this  act. 
(Laws  1879,  ch.  50,  sec.  2.) 

SEC.  22.  How  Issued  and  When.  [590]  When  a  compro- 
mise has  been  agreed  upon,  it  shall  be  the  duty  of  the  proper 
officers  to  issue  such  bonds  at  the  rate  agreed  upon  to  the 
holder  of  such  indebtedness,  in  the  manner  prescribed  in  this 
act ;  but  no  bonds  shall  be  issued  under  this  act  until  the  proper 
evidence  of  the  indebtedness  for  which  the  same  are  to  be 
issued  shall  be  delivered  up  for  cancellation ;  provided,  that  no 
bonded  indebtedness  shall  be  refunded  by  the  board  of  county 
commissioners,  or  any  mayor  and  city  council,  or  any  board  of 
trustees  of  any  township,  or  any  school-district  board,  or 
board  of  education,  under  this  act,  except  such  as  have  been 
issued  and  outstanding  at  least  two  years  at  the  time  of  such 
refunding;  and  provided  further,  that  except  for  the  refund- 
ing of  outstanding  debt,  including  outstanding  bonds  and 
matured  coupons  thereof,  or  judgment  thereon,  no  bonds  of 
any  class  or  description  shall  hereafter  be  issued  where  the 
total  bonded  indebtedness  of  such  county  or  township  would 
thereby  exceed  one  per  cent10  of  the  assessment  for  taxation, 
as  shown  by  the  last  finding  and  determination  by  the  proper 
board  of  equalization,  or  of  such  city,  school  district  or  board 
of  education  exceed  one  and  one-fifth  per  cent  of  such  assess- 
ment ;  but  this  restriction  shall  not  apply  to  cities  of  the  first 
class.  (Laws  909,  ch.  62,  sec.  2.) 

SEC.  23.  Bonds  Issued  for  Payment  of  Outstanding  War- 
rants. That  the  school  districts  in  the  state  of  Kansas,  prior 
to  the  passage  of  this  act  having  outstanding  warrants  repre- 
senting valid  indebtedness  of  the  districts  be,  and  they  are 
hereby,  empowered  and  authorized  by  and  through  their  duly 
elected,  constituted  and  appointed  boards  of  directors  or  duly 
elected,  qualified  and  acting  boards  of  education  to  compromise 
and  refund  such  indebtedness  upon  such  terms  as  can  be 
agreed  upon  and  to  issue  the  bonds  of  said  district  in  any 

10.  Bonds  can  not  be  issued  to  exceed  one  and  one-half  per  cent  for 
all  purposes,  except  as  provided  in  sections  4  to  7.  See  section  1. 

—2 


18  BONDS — REFUNDING.  [CH.  1 

amount  not  to  exceed  the  actual  value  of  said  warrant  indebt- 
edness, nor  to  exceed  five  per  cent  of  the  assessed  valuation  of 
all  the  taxable  property  in  said  district  as  ascertained  by  the 
assessor  of  the  year  1910;  that  said  bonds  may  be  issued  in 
any  amount  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  with  semi-annual  interest  coupons  at- 
tached and  shall  be  issued  in  all  respects  in  conformity  to,  and 
in  accordance  with  an  act  entitled  "An  act  to  enable  counties, 
municipal  corporations,  boards  of  education  of  any  city  and 
school  district  to  refund  their  indebtedness,"  being  general 
sections  588  to  598  inclusive  of  the  General  Statutes  of  1909, 
provided  that  no  limitation  expressed  in  either  act  shall  apply 
to  bonds  issued  under  this  act.  (Laws  1913,  ch.  276,  sec.  1.) 

SEC.  24.  Bonds  Registered.  [591]  The  clerk  of  every 
county,  city,  township,  school  district  and  board  of  education 
issuing  bonds  under  this  act  shall  register  the  same  in  his 
office.  Such  bonds  shall  also,  in  every  case,  be  registered  by 
the  county  clerk,  showing  the  date,  number  and  amount 
thereof,  rate  of  interest,  number  of  coupons  and  amount  of 
each,  to  whom  payable,  where  payable,  date  of  maturity,  and, 
if  optional,  under  what  conditions;  and  all  bonds  refunded 
under  this  act  shall  have  the  words  "Paid  in  full"  marked  in 
a  plain  manner  across  the  face  of  each  bond  and  coupon  so 
refunded,  and  such  canceled  obligations  shall  be  carefully 
preserved  in  the  office  of  the  county  clerk,  or  destroyed  by  the 
county  commissioners,  a  register  of  the  number,  amount  and 
date  of  issue  having  been  first  made  by  the  county  clerk.  The 
proper  officers  shall,  at  the  time  of  issuing  refunding  bonds, 
make  out  and  transfer  to  the  auditor  of  state  a  certified  state- 
ment of  all  proceedings  had  by  the  proper  board  or  city  coun- 
cil, as  shown  of  record,  and  that  the  said  bonds  have  been 
issued  for  value,  in  all  respects  in  conformity  to  this  act,  for 
certain  indebtedness  surrendered,  distinctly  describing  the 
bonds  issued  and  the  indebtedness  surrendered,  and  that  they 
have  been  duly  registered  by  the  attesting  clerk  and  the  county 
clerk,  as  required  herein,  which  statement  shall  be  in  such 
form  and  include  such  other  information  as  the  auditor  of 
state  may  require,  and  be  signed  by  all  the  officers  whose  sig- 
natures are  attached  to  such  bonds,  and  attested  by  the  proper 
clerk  with  the  corporate  seal  of  the  county,  city,  township, 
school  district,  or  board  of  education,  if  any,  and  be  duly 
acknowledged  before  the  county  clerk;  and  the  auditor  shall, 
upon  being  satisfied  that  such  bonds  have  been  issued  accord- 
ing to  the  provisions  of  this  act,  and  that  the  signatures 
thereto  of  the  officers  signing  the  same  are  genuine,  register 
the  same  in  his  office  in  a  book  kept  for  that  purpose,  and 
shall,  under  his  seal  of  office,  certify  upon  such  bonds  the  fact 
that  they  have  been  registered  in  his  office  according  to  law. 
(Laws  1891,  ch.  163,  sec.  3.) 


CH.  1]  BONDS — REFUNDING.  19 

SEC.  25.  Indebtedness  Not  to  be  Increased.  [592]  In  all 
cases  in  which  any  county,  city,  township,  the  board  of  educa- 
tion of  any  city,  or  school  district,  shall  effect  a  compromise 
of  its  indebtedness  under  this  act,  at  a  rate  of  sixty-five  per 
cent  or  less  upon  the  amount  of  such  indebtedness,  and  shall 
issue  bonds  therefor  under  the  provisions  of  this  act,  such 
county,  city,  township,  the  board  of  education  of  any  city  or 
such  school  district  so  compromising  at  such  a  rate,  shall  never 
increase  its  indebtedness  beyond  the  amount  of  such  refunding 
bonds  so  issued  under  this  act  until  the  same  are  paid  or 
liquidated,  and  any  bonds  that  may  be  issued  or  indebtedness 
created  in  addition  to  such  amount  of  refunding  bonds  so  issued 
shall  be  absolutely  null  and  void.  (Laws  1879,  ch.  50,  sec.  5.) 

SEC.  26.  Annual  Levy.  [593]  In  every  instance  in  which 
any  county,  city,  township,  the  board  of  education  of  any  city, 
or  any  school  district,  shall  issue  bonds  under  this  act,  it  shall 
be  the  imperative  duty  of  the  proper  officers  of  such  county, 
city,  township,  the  board  of  education  of  any  city,  or  of  such 
school  district,  whose  duty  it  may  be  to  levy  taxes,  to  annually 
levy,  at  the  time  of  making  the  levy  of  other  taxes,  a  tax  suf- 
ficient in  amount  to  pay  the  interest  upon  said  bonds  and  the 
coupons  as  they  become  due,  and  to  create  a  sinking-fund  as 
provided  for  in  this  act  for  the  payment  of  the  principal  of 
such  bonds ;  and  if  such  officers  fail  or  neglect  to  make  such 
levy,  it  shall  be  the  duty  of  the  county  clerk  forthwith  to  levy 
such  tax ;  and  in  case  any  such  officer  shall  neglect  or  refuse  to 
levy  any  such  tax  at  the  time  aforesaid,  and  in  case  any  county 
clerk  shall  neglect  or  refuse  to  extend  such  tax  upon  the  tax- 
roll  of  the  county  at  the  proper  time,  then,  and  in  that  case, 
any  such  officer  so  neglecting  or  refusing  to  levy  or  extend 
such  tax  shall  be  severally  and  individually  liable,  and  shall 
also  be  liable  upon  his  official  bond  to  the  holder  of  any  such 
bond  or  coupon  falling  due  during  the  year  for  which  such 
tax  should  have  been  levied  or  extended  for  the  full  amount 
thereof,  as  soon  as  the  same  is  due,  which  liability  may  be 
enforced  in  a  civil  action  in  the  name  of  such  holder;  and  any 
such  officer  so  neglecting  or  refusing  to  levy  or  extend  such  tax 
shall  also  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof  shall  be  fined  in  an  amount  equal  to  the  amount 
which  it  may  be  shown  should  have  been  so  levied  or  extended 
during  such  year,  or  imprisoned  in  the  county  jail  for  a  term 
of  not  less  than  three  nor  more  than  twelve  months.  (Laws 
1879,  ch.  50,  sec.  6.) 

SEC.  27.  County  Treasurer  to  Make  Levy.  [594]  Should 
the  proper  officers  whose  duty  it  is  to  levy  the  taxes  to  pay 
such  bonds  and  coupons  fail  or  neglect  to  make  such  levy  as 
provided  for  in  this  act,  it  shall  be  the  duty  of  the  auditor  of 
state,  at  any  time  thereafter,  to  ascertain  the  amount  of  in- 
terest and  sinking-fund  or  principal  of  such  bonds,  accrued 


20  BONDS — REFUNDING.  [CH.  1 

and  to  accrue  during  that  year,  and  shall  certify  the  amount 
thereof  to  the  treasurer  of  the  county  in  which  such  bonds 
were  issued,  setting  forth  the  amount  thus  due,  and  whether 
from  the  county  or  from  a  particular  city,  township,  the  board 
of  education  of  any  city  or  school  district  within  such  county ; 
and  it  shall  be  the  duty  of  such  county  treasurer,  immediately 
upon  receiving  such  certified  statement  from  the  auditor  of 
state,  to  proceed  to  ascertain  from  the  assessment  roll  of  the 
county  the  amount  of  taxable  property  in  such  county,  city, 
township,  the  board  of  education  of  any  city,  or  such  school 
district,  and  what  percentage  is  required  to  be  levied  thereon 
to  pay  said  interest  and  sinking-fund  or  principal,  and  when 
so  ascertained  shall  levy  such  percentage  upon  the  taxable 
property  of  such  county,  city,  township,  the  board  of  education 
of  any  city,  or  such  school  district,  as  may  be  liable  thereto, 
and  shall  immediately  place  the  same  upon  the  tax-roll  of  the 
county,  in  a  separate  column  or  columns,  designating  the  pur- 
pose for  which  said  taxes  are  levied ;  and  the  said  taxes  shall 
be  collected  by  the  county  treasurer  of  such  county  in  the 
same  manner  that  other  taxes  are  collected.  And  should  such 
county  treasurer  neglect  or  refuse  to  levy  such  tax  and  place 
the  same  upon  the  tax-roll  for  collection,  as  herein  provided, 
he  shall  be  personally  liable,  and  also  liable  upon  his  official 
bond  to  the  holder  of  any  such  bonds  or  coupons  then  due  for 
the  full  amount  thereof,  and  shall  also  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  imprisoned 
in  the  county  jail  for  not  less  than  three  nor  more  than  twelve 
months.  (Laws  1879,  ch.  50,  sec.  7.) 

SEC.  28.  Sinking-fund.  [595]  It  shall  be  the  duty  of  every 
county,  city,  township,  the  board  of  education  of  any  city,  and 
of  every  school  district,  issuing  bonds  under  this  act,  and  of  the 
proper  officers  thereof,  to  create  a  sinking-fund,  and  to  levy 
annually  a  sufficient  tax  therefor,  for  the  redemption  of  such 
bonds,  which  shall  be  collected  as  other  taxes,  and  paid  into 
the  treasury  as  provided  by  law  for  other  taxes,  and  shall  re- 
main as  a  specific  fund  for  the  redemption  of  said  bonds; 
the  amount  of  which  sinking-fund  shall  be  as  follows:  In 
every  instance  in  which  bonds  shall  be  issued  under  this  act 
for  twenty  years  or  less,  the  quotient  found  by  dividing  the 
amount  of  the  principal  of  such  bonds  by  such  number  of 
years  shall  be  the  amount  of  sinking-fund  to  be  levied  each 
year  for  the  redemption  of  such  bonds ;  but  in  every  instance  in 
which  such  bonds  shall  be  issued  for  more  than  twenty  years,  it 
shall  not  be  necessary  to  create  a  sinking-fund,  or  to  levy  a  tax 
therefor,  until  the  twentieth  year  prior  to  the  maturity  of  such 
bonds,  at  which  time,  and  each  year  thereafter,  one  twentieth 
of  the  principal  amount  of  such  bonds  shall  be  levied  as  a  sink- 
ing-fund for  the  redemption  of  such  bonds ;  provided,  that  any 
county,  city,  township,  the  board  of  education  of  any  city,  or 
any  school  district  issuing  bonds  under  this  act,  may  buy  in 


CH.  1]  BONDS — REFUNDING.  21 

and  cancel  any  such  bonds  whenever  the  same  can  be  done  at 
or  below  par;  and  provided  further,  that  such  sinking-fund, 
when  not  required  for  the  payment  or  purchase  of  bonds,  may 
be  invested  in  bonds  of  the  United  States  or  of  the  state  of 
Kansas,  and  in  no  other  manner;  and  provided  further,  that 
under  the  provisions  of  this  act,  the  proper  officers  are  author- 
ized, if  desirable,  to  issue  instalment  bonds,  running  thirty 
years,  having  coupons  attached  representing  the  semiannual 
interest  to  become  due  thereon;  and  each  coupon  attached  to 
any  instalment  bond  shall,  after  five  years  from  its  date,  repre- 
sent one-fiftieth  of  its  principal,  which  amount  shall  be  shown 
by  separate  words  and  figures  aside  from  the  interest  repre- 
sented in  the  coupon,  and  each  instalment  bond  shall  show 
upon  its  face  that  its  principal  is  included  in  its  coupons. 
(Laws  1879,  ch.  50,  sec.  8.) 

SEC.  29.  Investment  of  Sinking-fund.  That  section  1,  chap- 
ter 287,  of  the  Session  Laws  of  Kansas,  1911,  is  hereby 
amended  to  read  as  follows:  Section  1.  That  the  proper  of- 
ficers having  charge  and  control  of  any  moneys  which  have 
been  or  may  hereafter  be  levied  and  collected  as  a  sinking- 
fund  to  redeem  the  outstanding  bonds  of  any  county,  town- 
ship, city  or  school  district,  may  invest  such  sinking-fund  by 
purchasing  the  bonds  of  any  county,  township,  city  or  school 
district  within  the  state  of  Kansas,  subject  to  the  following 
conditions :  First,  no  such  bonds  shall  be  purchased  unless  the 
same  shall  be  accompanied  by  a  certificate  of  the  attorney 
general  of  the  state  of  Kansas  in  accordance  with  section  6  of 
chapter  110  of  the  General  Statutes  of  1909  of  the  state  of 
Kansas,  showing  such  bonds  to  be  acceptable  as  security  for 
deposit  of  state  funds  under  the  state  depository  law.  Second, 
no  such  bonds  shall  be  purchased  under  this  act  which  shall 
not  mature  and  become  due  at  or  prior  to  the  time  fixed  for 
the  payment  of  the  bonds  for  which  such  sinking-fund  was 
created.  Third,  no  sinking-funds  shall  be  invested  under  this 
act  in  the  bonds  of  any  county,  township,  city  or  school  district 
where  the  bonded  and  floating  indebtedness  thereof  shall  ex- 
ceed ten  per  cent  of  its  total  assessed  valuation  as  shown  by 
the  last  assessment  preceding  such  investment.  Fourth,  any 
officer  or  officers  investing  sinking-funds  under  this  act  shall 
be  authorized  to  pay  such  premium  as  may  be  necessary  to 
secure  the  bonds  desired  in  the  open  market;  provided,  that 
no  premium  shall  be  paid  for  any  bonds  purchased  under  this 
act  which  shall  have  the  effect  of  reducing  the  annual  income 
from  such  investment  to  less  than  three  per  cent.  (Laws  1913, 
ch.  286,  sec.  1.) 

SEC.  30.  Coupons  Paid  and  Destroyed.  [596]  Whenever 
the  bonds  or  interest  coupons  issued  under  this  act  shall  be- 
come due,  they  shall  be,  on  presentation,  promptly  paid  by  the 
proper  disbursing  officer,  out  of  the  money  in  his  hands  col- 


22  BONDS — REFUNDING.  [CH.  1 

lected  for  that  purpose ;  and  he  shall  indorse  upon  the  face  of 
any  bond  or  coupon  paid  by  him,  in  red  ink,  the  word  "Paid," 
and  the  date  of  payment,  and  sign  his  name  thereto,  and  at 
each  settlement  he  shall  turn  over  the  bonds  and  coupons  so 
paid  and  canceled,  which  shall  be  carefully  preserved,  or  de- 
stroyed. (Laws  1879,  ch.  50,  sec.  9.) 

SEC.  31.  Penalty  for  Wrongful  Use  of  Money.  [597]  Any 
person  who  shall  appropriate,  use,  or  aid  or  abet  in  appro- 
priating or  using,  any  of  the  funds  or  moneys  mentioned  in 
this  act,  for  any  other  purpose  than  as  in  this  act  provided, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  in  a  sum  equal  to  the  amount  of  money 
so  appropriated  or  used,  and  imprisoned  in  the  county  jail  for 
not  less  than  three  nor  more  than  twelve  months,  and  shall 
also  be  liable  in  a  civil  action  for  the  amount  misappropriated 
or  used,  to  be  prosecuted  by  any  such  bondholder  or  other 
party  entitled  thereto.  (Laws  1879,  ch.  50,  sec.  10.) 

SEC.  32.  Coupons  Receivable  for  Taxes.  [598]  The  in- 
terest coupons  provided  for  in  this  act  shall,  as  fast  as  they 
become  due,  be  receivable  in  payment  of  taxes  due  to  the  par- 
ticular county,  city,  the  board  of  education  of  any  city,  the 
township  or  school  district  which  may  have  issued  such  cou- 
pons, and  shall  be  received  by  all  collecting  officers  the  same  as 
cash,  in  payment  of  such  taxes.  (Laws  1879,  ch.  50,  sec.  11.) 

SEC.  33.  Merged  Districts  May  Refund  Bonded  Indebted- 
ness. [7639]  That  the  officers  of  any  school  district  or  joint 
district,  containing  all,  the  greater  amount  or  an  equal  amount 
to  the  largest  fraction  contained  in  any  other  existing  dis- 
trict, of  the  territory  of  a  school  district  heretofore  or  here- 
after disorganized  (under  chapter  177  of  the  Laws  of  1899, 
or  chapter  305  of  the  Laws  of  1901),  are  hereby  authorized 
and  empowered  to  compromise  and  refund  the  legally  existing 
bonded  indebtedness  of  the  merged  district  and  to  issue  re- 
funding bonds  in  the  manner  and  upon  the  terms  prescribed 
by  chapter  50  of  the  Laws  of  1879  and  the  amendments 
thereto.  (Laws  1903,  ch.  430,  sec.  1.) 

SEC.  34.  Form  of  Bonds.  [7640]  Bonds  issued  under  this 
act  shall  contain  a  recital  that  they  are  issued  in  pursuance 
of  this  act  and  of  chapter  50  of  the  Laws  of  1879  and  the 
amendments  thereto,  and  shall  run  in  the  name  of  the  merged 
school  district,  and  may  be  substantially  in  the  following  form  : 

STATE   OF   KANSAS. 

No $ 

MERGED    SCHOOL-DISTRICT   REFUNDING  BOND. 

BE  IT  KNOWN,  That  merged  school  district  No ,  county, 

state  of  Kansas,  is  indebted  to in  the  sum  of dollars, 

bearing  interest  from  date  at  the  rate  of per  cent  per  annum,  payable 

semiannually,  on  the  1st  day  of  January  and  July  in  each  year,  at  the 

office  of ,  in  the  city  of ,  and  for  which  coupons  are 

hereto  attached. 


CH.  1]  BONDS — REFUNDING.  23 

This  bond  is  one  of bonds,  amounting  in  the  aggregate  to  $ 

issued  for  the  purpose  of  refunding  the  legally  existing  bonded  indebted- 
ness of  said  merged  district,  and  in  pursuance  of  chapter  430  of  the  Laws 
of  1903,  and  chapter  50  of  the  Laws  of  1879  and  the  amendments  thereto. 

The  principal  of  this  bond  is  made  payable  at  the  office  of  the ,  in 

lawful  money  of  the  United  States,  on  the  1st  day  of ,  ;  and 

for  such  payment  the  faith  and  property  of  the  territory  comprised  in 
said  merged  district  at  the  time  of  its  disorganization  is  hereby  pledged. 

Said  merged  district  was  disorganized  on  the day  of ..,  19 , 

and  the territory  thereof  was,  on  the day  of ,  19 , 

incorporated  with  school  district  No ,  county,  state  of  Kan- 
sas. The  officers  signing  this  bond  hereby  certify  that  all  the  require- 
ments of  law  have  been  fully  complied  with. 

IN  TESTIMONY  WHEREOF,  This  bond  has  been  issued  and  signed  by  the 
director,  attested  by  the  clerk  and  countersigned  by  the  treasurer  of 
school  district  No ,  and  registered  by  the  county  clerk. 

Dated  at ,  county  of ,  state  of  Kansas,  this day 

of ,  19 

Signed:    Director. 

Attested: Clerk. 

Countersigned :    Treasurer. 

SEC.  35.  Commissioners  to  Levy.  [7641]  It  shall  be  the 
duty  of  the  county  commissioners  of  the  county  in  which  the 
territory  of  such  merged  district  lies  to  annually  cause  to  be 
levied  upon  the  property,  real  and  personal,  in  the  territory 
of  such  merged  district,  a  tax  sufficient  to  meet  the  interest 
and  provide  a  sinking-fund  for  the  payment  of  the  indebted- 
ness so  refunded.  In  case  of  the  disorganization  and  merger 
of  any  joint  district,  such  tax  shall  be  levied  by  the  county 
commissioners  of  the  respective  counties  wherein  the  territory 
of  the  merged  district  lies,  and  the  moneys  arising  out  of  said 
levies,  when  collected,  shall  be  paid  to  the  treasurer  of  the 
county  having  the  greater  amount  of  the  territory  of  said  dis- 
trict, in  the  manner  prescribed  by  section  1,  chapter  226,  of 
the  Laws  of  1889.  (Laws  1903,  ch.  430,  sec.  2.) 

SEC.  36.  Suits  against  Merged  Districts.  [7642]  Suits 
may  be  brought  by  or  against  merged  districts  respecting 
bonds  so  issued,  and  the  school-district  officers  issuing  said 
bonds  or  their  successors  shall  appear  for  and  in  behalf  of  said 
merged  district.  (Laws  1903,  ch.  430,  sec.  4.) 

SEC.  37.  May  Take  up  Merged-district  Bonds.  [7643]  That 
the  qualified  voters  of  any  school  district  or  joint  district  con- 
taining all  of  the  territory  of  two  or  more  school  districts  here- 
tofore or  hereafter  disorganized  may,  by  a  majority  vote 
thereof,  at  a  special  election  called  for  that  purpose,  vote  to 
issue  the  bonds  of  such  joint  district  for  the  purpose  of  re- 
funding or  taking  up  of  the  bonds  of  the  merged  or  disorgan- 
ized district  contained  in  such  joint  district.  Such  bonds 
shall  recite  that  they  are  issued  in  pursuance  of  this  act,  and 
shall  run  in  the  name  of  the  joint  school  district;  provided, 
that  no  greater  amount  of  bonds  shall  be  issued  under  this  act 
than  the  total  amount  of  bonds  outstanding  of  the  merged 


24  BONDS — REFUNDING.  [CH.  1 

districts  whose  territory  is  contained  in  such  joint  district. 
(Laws  1903,  ch.  430,  sec.  5.) 

SEC.  38.  Law  Governing  Such  Indebtedness.  [7644]  Such 
indebtedness  so  created  shall  be  considered  and  treated  as  and 
shall  be  governed  by  the  laws  relating  to  the  general  indebted- 
ness of  school  districts.  (Laws  1903,  ch.  480,  sec.  6.) 

SEC.  39.  Bonds  of  Disorganized  Districts.  [7422]  If  any 
disorganized  school  district  has  a  legally  existing  bonded  in- 
debtedness at  the  time  of  its  disorganization,  such  indebted- 
ness shall  attach  to  and  be  a  charge  against  the  territory 
comprised  in  such  disorganized  district  at  the  time  of  its  dis- 
organization;  and  it  shall  be  the  duty  of  the  county  commis- 
sioners of  such  county  annually  to  cause  to  be  levied  upon  the 
property,  real  or  personal,  in  such  disorganized  territory  a  tax 
sufficient  to  meet  the  interest  and  provide  a  sinking-fund  for 
the  payment  of  such  indebtedness.  Whenever  the  bonded  in- 
debtedness of  any  disorganized  district  can  be  advantageously 
compromised  and  refunded,  the  officers  of  the  school  district 
to  which  such  disorganized  district  shall  be  attached,  or  has 
heretofore  been  attached,  or  into  which  it  has  been  merged, 
shall  have  the  power,  and  it  shall  be  their  duty,  to  issue  re- 
funding bonds  for  such  purpose,  in  the  same  manner  and 
under  the  same  restrictions  and  regulations  now  provided  by 
law  for  the  refunding  of  other  school-district  bonds.  (Laws 
1905,  ch.  383,  sec.  1.) 


CH.2] 


BUSINESS   COLLEGES. 


25 


CHAPTER  11,— Business  Colleges. 


§40.   Permit  to  canvass. 

41.  Revocation  of  permit  to  canvass. 

42.  Permit  to  be  shown  by  agent. 


§43.  Penalty  for  canvassing  without  a  per- 
mit. 
44.  Notes  or  contracts,  void,  when. 


SECTION  40.  Permit  to  Canvass.  [7757]  That  it  shall  be 
unlawful  for  any  representative  or  any  agent  of  any  business 
college,  or  commercial  department  of  any  other  school,  to  can- 
vass in  the  state  of  Kansas  for  the  purpose  of  selling  tuition 
in  advance,  or  to  contract,  or  to  secure  their  note  for  any 
tuition  before  the  registration  of  said  student  in  the  college 
register  at  the  college,  without  the  school  first  making  appli- 
cation to  the  state  superintendent  of  public  instruction  and 
receiving  from  him  a  written  permit,  granting  such  school  this 
privilege.  The  state  superintendent  of  public  instruction, 
upon  receipt  of  said  application,  shall,  before  granting  such  a 
permit,  publish  a  notice  of  said  application  in  the  official  state 
paper  for  a  term  of  thirty  days,  at  the  end  of  which  time  he 
shall  grant  the  school  making  application  such  permit;  pro- 
viding, however,  that  satisfactory  proof  has  not  come  to  his 
knowledge,  after  a  diligent  inquiry,  that  said  school  or  busi- 
ness college  or  commercial  department  is  incompetent  to  fur- 
nish such  a  course  of  instruction  as  it  advertises,  or  that  the 
moral  surroundings  of  the  institution  are  not  good,  or  that 
the  premises  are  kept  in  an  unhealthy  condition,  or  that  the 
agents  of  said  institution  use  misrepresentations  or  fraud- 
ulent methods  in  securing  contracts,  notes  or  cash  from  pro- 
spective students,  and  in  either  of  these  cases  he  shall  refuse 
to  grant  them  a  permit.  (Laws  1909,  ch.  204,  sec.  1.) 

SEC.  41.  Revocation  of  Permit  to  Canvass.  [7758]  After 
having  granted  any  business  college,  commercial  school,  or 
commercial  department  of  any  other  school  a  permit  to  can- 
vass, and  such  school  shall  violate  any  of  the  conditions  re- 
quired to  secure  a  permit,  then  the  state  superintendent  of 
public  instruction  shall  revoke  the  permit  and  shall  not  reissue 
a  permit  to  that  school  until  he  is  satisfied  that  they  will  comply 
with  the  foregoing  requirements.  (Laws  1909,  ch.  204,  sec.  2.) 

SEC.  42.  Permit  to  be  Shown  by  Agent.  [7759]  Any  agent 
or  representative  of  any  such  school  doing  business  within  the 
state,  or  without  the  state,  when  operating  within  the  state  of 
Kansas,  shall,  upon  request  of  any  person,  show  a  permit  or 
certified  copy  thereof,  showing  that  the  school  he  represents 
has  permission  to  canvass  within  the  state.  (Laws  1909,  ch. 
204,  sec.  3.) 

SEC.  43.  Penalty  for  Canvassing  without  a  Permit.  [7760] 
Any  person  who  shall  violate  this  act  by  canvassing  for  stu- 
dents with  the  intention  of  selling  tuition  for  cash,  contract  or 


26  BUSINESS   COLLEGES.  [CH.  2 

note  for  any  business  college,  commercial  school  or  any  com- 
mercial department  of  any  other  school  without  first  having 
this  permit  from  the  state  superintendent  of  public  instruc- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars  and  not  more  than  five  hundred  dollars, 
or  by  imprisonment  not  to  exceed  thirty  days,  or  by  both  such 
fine  and  imprisonment.  (Laws  1909,  ch.  204,  sec.  4.) 

SEC.  44.  Notes  or  Contracts  Void,  When.  [7761]  Any  note 
or  contract  taken  by  any  such  business  college  or  the  commer- 
cial department  of  any  other  school,  or  their  agents  or  repre- 
sentatives, for  tuition  without  first  having  complied  with  the 
provisions  of  'this  act  shall  be  void.  (Laws  1909,  ch.  204, 
sec.  5.) 


CH.  3] 


CERTIFICATES — STATE. 


27 


CHAPTER  III.— Certification  of  Teachers. 
ARTICLE  I.— State  Certificates. 


§62.   State   normal   schools;    three-year   cer- 
tificates. 

63.  State  normal  schools;   life  certificates. 

64.  State  normal  schools ;  life  diplomas. 

65.  State  normal  schools;    when   act  shall 

take   effect. 

66.  State    normal    schools;    special    certifi- 

cates. 

67.  Normal-school    certificates    signed    and 

registered  by  state  superintendent. 

68.  Recognition  of  certificates  from  other 

states. 

69.  Registration  of  state  certificates. 

70.  Duty    of    certain    officers    to    register 

state   certificates. 

71.  Unlawful  to  pay  salary  unless  certifi- 

cate is  registered. 

72.  Report  of  registration. 

73.  Certificates  void,  when. 

74.  Certificates  canceled,  when. 

75.  No    revival    of    lapsed    certificates    by 

statute. 


§45.   Authority   of   State   Board   of   Educa- 
tion;   validity    of    state    certificates. 

46.  Three-year  certificates. 

47.  Three-year    certificates    renewable    for 

life. 

48.  Life  diplomas. 

49.  Special  certificates. 

50.  Normal  training  teachers'   certificates. 

51.  Three-year   elementary   certificates. 

52.  Certificates   of   high-school   teachers. 

53.  Temporary  certificates. 

54.  Accredited  colleges :  approval  of  course 

of  study. 

55.  Subject  to  examination;  standard. 

56.  Certificates  issued  to  college  graduates. 

57.  Eligible  institutions. 

58.  Graduates  of  school  of  arts  in  certain 

institutions. 

59.  Normal  courses  with  practice  teaching. 

60.  State   Normal   schools;    common-school 

certificate. 

61.  State    normal    schools;    one-year    cer- 

tificates. 

SECTION  45.  Authority  of  State  Board  of  Education;  Va- 
lidity of  State  Certificates.  The  State  Board  of  Education  shall 
have  authority  to  hold  examinations  and  to  issue  teachers*  cer- 
tificates to  persons  of  good  moral  character  who  may  give  sat- 
isfactory evidence  of  the  requisite  scholarship,  culture,  pro- 
fessional attainments  and  ability,  as  provided  in  this  act;  and 
all  certificates  issued  by  the  State  Board  of  Education  shall  be 
valid  in  any  township,  county,  school  district,  or  city  of  the  first 
or  second  class  for  the  time  specified  in  the  certificate  unless 
sooner  revoked  by  the  State  Board  of  Education.  All  cer- 
tificates issued  by  the  State  Board  of  Education  shall  be  coun- 
tersigned by  the  state  superintendent  of  public  instruction  and 
such  certificates  shall  supersede  the  necessity  of  all  examina- 
tions by  county,  city  or  other  local  boards  of  examiners. 
(Laws  1915,  ch.  298,  sec.  1.) 

SEC.  46.  Three-year  Certificates.  Three-year  certificates 
may  be  issued  by  the  State  Board  of  Education  to  persons  who, 
by  written  examination  in  branches  prescribed  by  the  board, 
may  show  satisfactory  evidence  of  their  qualifications  for  such 
certificate.  In  lieu  of  all  or  part  of  such  examination  the  State 
Board  of  Education  shall  accept  satisfactory  evidence  showing 
that  the  applicant  has  completed  a  four-year  high  school  course 
of  study  approved  by  the  board,  and  in  addition  thereto  has 
completed  at  least  a  two  years'  course  of  study  in  a  normal 
school,  college,  or  university  accredited  by  the  State  Board  of 
Education.  The  three-year  certificates  thus  issued  shall  be 
valid  in  any  elementary  school,  and  may  become  valid  in  high 
schools  under  such  regulations  as  the  state  board  may  pre- 


28  CERTIFICATES — STATE.  [CH.  3 

scribe.  The  three-year  certificates  herein  provided  for  may  be 
renewed  successively  for  three-year  periods  provided  that  the 
holders  comply  with  such  requirements  as  may  be  made  by  the 
State  Board  of  Education  for  such  renewal.  (Laws  1915,  ch. 
298,  sec.  3.) 

SEC.  47.  Three-year  Certificates  Renewable  for  Life.  Three- 
year  certificates  renewable  for  life  may  be  issued  by  the  State 
Board  of  Education  to  persons  who,  by  written  examination  in 
branches  prescribed  by  the  state  board,  may  show  satisfactory 
evidence  of  their  qualifications  for  such  certificates.  In  lieu  of 
all  or  part  of  such  examination  the  state  board  shall  accept  sat- 
isfactory evidence  showing  that  the  applicant  has  completed  a 
four-year  high  school  course  approved  by  the  board,  and  in  ad- 
dition thereto  has  completed  a  four-year  course  of  study  in  a 
normal  school,  college,  or  university  accredited  for  this  purpose 
by  the  State  Board  of  Education.  The  certificates  thus  issued 
shall  be  valid  in  any  elementary  school  or  high  school  in  the 
state.  At  the  expiration  of  said  certificate  the  State  Board  of 
Education  shall  issue  a  life  certificate  provided  that  the  holder 
has  taught  successfully  at  least  two  years  after  the  three-year 
certificate  was  issued  and  has  complied  with  the  requirements 
of  the  state  board  for  the  renewal  of  such  certificates ;  provided, 
that  such  life  certificates  shall  lapse  if  for  three  consecutive 
years  the  holder  thereof  is  not  engaged  in  teaching  or  in  some 
form  of  educational  work;  but  lapsed  life  certificates  or  di- 
plomas may  be  revived  by  the  State  Board  of  Education. 
(Laws  1915,  ch.  298,  sec.  4.) 

SEC.  48.  Life  Diplomas.  The  State  Board  of  Education  may 
issue  life  diplomas  to  teachers  of  eminent  ability  who  possess 
the  qualifications  required  for  three-year  renewal  certificates 
as  provided  in  section  4  of  this  act,  and  who  have  been  en- 
gaged in  teaching  for  not  less  than  five  years  and  who  have 
taught  not  less  than  two  years  in  Kansas.  Such  diplomas  shall 
be  valid  as  teachers'  certificates  in  any  township,  county, 
school  district,  or  city  of  the  first  or  second  class  during  the 
lifetime  of  the  holder,  unless  revoked  by  the  State  Board  of 
Education.  (Laws  1915,  ch.  298,  sec.  5.) 

SEC.  49.  Special  Certificates.  Special  certificates  may  be 
issued  by  the  State  Board  of  Education  to  persons  who,  by 
examination,  or  otherwise,  may  show  satisfactory  evidence 
of  their  qualifications  as  teachers  of  kindergartens,  manual 
training,  domestic  science,  domestic  art,  agriculture,  com- 
mercial branches,  physical  training,  music,  drawing,  and  such 
other  highly  specialized  subjects  as  may  be  designated  by 
the  state  board.  Such  certificates  shall  be  valid  in  any  public 
school  of  the  state  for  teaching  in  the  departments  or  subjects 
specified  in  the  certificates  and  in  no  other  departments  or  sub- 
jects than  those  thus  specified,  for  [one  year]  and  they  may 


CH.  3]  CERTIFICATES — STATE.  29 

be  renewed  from  year  to  year  on  conditions  prescribed  by  the 
State  Board  of  Education.     (Laws  1915,  ch.  298,  sec.  6.) 

SEC.  50.  Normal  Training  Teachers'  Certificates.  Normal 
training  teachers'  certificates  may  be  issued  by  the  State 
Board  of  Education  as  herein  provided  to  graduates  from 
normal  training  courses  in  high  schools  and  academies  ac- 
credited for  this  purpose  by  the  State  Board  of  Education. 
Said  certificates  shall  be  valid  in  elementary  schools  in  any 
county  of  the  state,  for  a  period  of  two  years,  and  shall  be 
renewable  for  successive  two-year  periods,  on  conditions  pre- 
scribed by  the  State  Board  of  Education.  On  the  third  Fri- 
day in  May  and  the  succeeding  Saturday  of  each  year  an  ex- 
amination of  applicants  for  normal  training  certificates  shall 
be  held  in  the  county  seat  of  each  county  in  which  there  is 
located  one  or  more  accredited  normal  training  schools  under 
such  rules  as  the  State  Board  of  Education  may  prescribe. 
This  examination  shall  be  conducted  by  the  county  board 
of  examiners,  each  of  whom  shall  receive  for  his  services  the 
compensation  provided  by  law  for  holding  county  teachers' 
examinations.  Each  applicant  for  a  certificate  shall  pay  a 
fee  of  one  dollar,  and  the  money  so  collected  shall  be  turned 
into  the  county  normal  institute  fund.  The  examination  ques- 
tions shall  be  prepared  by  the  State  Board  of  Education  and 
shall  be  forwarded  to  county  superintendents  by  the  state 
superintendent  of  public  instruction.  The  package  contain- 
ing the  questions  shall  not  be  opened  except  in  the  presence 
of  a  majority  of  the  examining  board  on  the  day  and  hour  for 
the  examination.  Immediately  at  the  close  of  the  examina- 
tion the  manuscripts  shall  be  properly  wrapped  and  sealed  and 
sent,  carriage  prepaid,  to  the  state  superintendent  of  public 
instruction,  and  said  manuscripts  shall  be  graded  under  the 
direction  of  the  State  Board  of  Education.  A  fee  of  seven 
dollars  shall  be  sent  to  the  state  superintendent  of  public  in- 
struction from  the  funds  of  each  school  participating  in  the 
examination  and  all  money  received  from  this  source  shall 
be  turned  into  the  state  treasury,  and  shall  become  available 
to  pay  the  expenses  incurred  by  the  State  Board  of  Educa- 
tion in  the  grading  of  said  manuscripts.  All  moneys  or  so 
much  thereof  as  necessary  received  from  such  source  during 
the  fiscal  years  ending  June  30,  1916,  and  June  30,  1917,  are 
hereby  appropriated  to  pay  for  said  expenses  of  said  State 
Board  of  Education.  Said  expenses  shall  be  paid  on  the  war- 
rants of  the  state  auditor  upon  duly  certified  vouchers  ap- 
proved by  the  state  superintendent  of  public  instruction. 
(Laws  1915,  ch.  298,  sec.  7.) 

SEC.  51.  Three-year  Elementary  Certificates.  Three-year 
elementary  certificates  may  be  issued  by  the  State  Board  of 
Education  to  persons  who  hold  first  grade  certificates  issued 
by  boards  of  county  examiners  and  to  persons  holding  cer- 


30  CERTIFICATES — STATE.  [CH.  3 

tificates  issued  by  examining  boards  in  cities  of  the  first  or  sec- 
ond class,  provided  that  such  persons  have  completed  a  four- 
year  course  of  study  in  a  high  school  approved  by  the  State 
Board  of  Education  and  in  addition  thereto  have  completed  a 
two-year  course  of  study  in  a  normal  school,  college,  or  uni- 
versity accredited  by  the  State  Board  of  Education;  or  who 
in  lieu  of  taking  such  two-year  course  in  a  normal  school,  col- 
lege, or  university  have  had  four  years  of  successful  experi- 
ence in  teaching,  satisfactory  evidence  of  which  shall  be  sub- 
mitted to  the  State  Board  of  Education.  The  three-year  ele- 
mentary certificate  thus  issued  shall  be  valid  in  any  elementary 
school  of  the  state.  The  three-year  elementary  certificates 
herein  provided  for  may  be  renewed  successively  for  three 
year  periods,  provided  that  the  holders  comply  with  such  regu- 
lations as  the  State  Board  may  make  for  such  renewal.  (Laws 
1915,  ch.  298,  sec.  8.) 

SEC.  52.  Certificates  of  High  School  Teachers.  After  Sep- 
tember 1,  1916,  no  person  shall  teach  in  any  four  year  ac- 
credited high  school  in  any  township,  county,  district,  or  city 
of  the  first  or  second  class  who  does  not  hold  a  certificate  as  a 
high  school  teacher  issued  by  the  State  Board  of  Education  or 
by  one  of  the  Kansas  State  Normal  Schools;  and  after  Sep- 
tember 1,  1916,  it  shall  be  unlawful  for  any  township  or  county 
high  school  board,  district  board,  or  board  of  education  of  any 
city  of  the  first  or  second  class  to  use  any  part  of  the  public 
funds  to  pay  any  high  school  teacher  in  any  four  year  ac- 
credited high  school  who  does  not  hold  a  certificate  as  herein 
provided  authorizing  such  person  to  teach  in  the  public  high 
schools  of  the  state ;  provided,  that  no  person  holding  a  valid 
teacher's  certificate  at  the  time  when  this  act  shall  take  effect 
who  at  that  time  shall  be  employed  as  a  teacher  in  any  four 
year  accredited  high  school  in  this  state,  shall  be  prohibited 
from  teaching  in  any  high  school ;  nor  shall  any  board  be  pro- 
hibited from  employing  such  person  as  a  high  school  teacher 
or  from  paying  him  from  public  funds.  (Laws  1915,  ch.  298, 
sec.  9.) 

NOTE. — This  act  took  effect  on  its  publication  in  the  official  state  paper 
March  26,  1915. 

SEC.  53.  Temporary  Certificates.  The  State  Board  of  Edu- 
cation may  issue  temporary  teachers'  certificates  valid  for  one 
year  only  in  such  schools  and  departments  as  may  be  specified 
in  said  certificate,  provided  that  such  temporary  certificates 
shall  be  issued  orily  in  an  emergency  in  order  to  supply  the 
schools  with  legally  qualified  teachers;  and  the  State  Board 
shall  have  power  to  make  all  rules  and  regulations  relating  to 
such  temporary  certificates;  provided,  that  no  person  shall 
receive  more  than  one  such  certificate.  (Laws  1915,  ch.  298, 
sec.  10.) 


GH.  3]  CERTIFICATES — STATE.  31 

SEC.  54.    Accredited  Colleges;  Approval  of  Course  of  Study. 

That  section  7499,  General  Statutes  of  1909,  be  amended  to 
read  as  follows:  Sec.  7499.  Upon  application  of  any  college 
or  university,  or  educational  institution  of  like  standing,  in- 
corporated under  the  general  laws  of  the  state  of  Kansas,  and 
requiring  a  four-year  high-school  course  or  its  equivalent,  ap- 
proved by  the  State  Board  of  Education,  as  a  condition  of 
admission  to  its  freshman  class,  the  State  Board  of  Education 
shall  have  the  power  to  examine  the  course  of  study  prescribed 
and  the  character  of  the  work  done  by  it,  and  if  in  the  judg- 
ment of  said  board  the  course  of  study  and  the  character  of 
the  work  done  shall  be  of  such  standing  as  to  prepare  the 
graduates  of  such  institution  to  teach  successfully  in  the  public 
schools  of  this  state,  and  if  said  institution  maintains  a  de- 
partment of  education  and  the  course  of  study  prescribed  in- 
cludes work  in  said  department  satisfactory  to  the  State  Board 
of  Education,  the  board  shall  place  such  institution  on  the 
accredited  list.  (Laws  1911,  ch.  276,  sec.  1.) 

SEC.  55.  Subject  to  Examination;  Standard.  That  section 
7500  of  General  Statutes  of  1909  be  amended  to  read  as  fol- 
lows :  Sec.  7500.  Any  institution  on  the  accredited  list  shall 
be  subject  to  examination  by  the  State  Board  of  Education  at 
its  pleasure  with  respect  to  its  course  of  study,  its  equipment, 
and  the  character  of  its  work;  and  additional  requirements 
may  be  made  at  the  pleasure  of  the  board.  Any  institution 
failing  to  maintain  a  standard  satisfactory  to  the  State  Board 
of  Education  shall  be  dropped  from  the  accredited  list.  (Laws 
1911,  ch.  276,  sec.  2.) 

SEC.  56.  Certificates  Issued  to  College  Graduates.  That  sec- 
tion 7501,  General  Statutes  of  1909,  be  amended  to  read  as 
follows:  Sec.  7501.  To  all  persons  graduating  from  such 
approved  courses  of  study  in  institutions  on  the  accredited  list 
the  State  Board  of  Education  shall  issue  a  three-year  state 
certificate,  and  at  the  expiration  of  said  certificate  said  board 
shall  issue  a  life  certificate  in  lieu  of  the  first  one  issued,  pro- 
vided the  holder  shall  have  taught  successfully  at  least  two 
years  out  of  the  three  and  has  kept  himself  informed  in  the 
general  literature  of  his  profession.  (Laws  1911,  ch.  276, 
sec.  3.) 

SEC.  57.  Eligible  Institutions.  That  section  7502  of  General 
Statutes  of  1909  be  amended  so  as  to  read  as  follows:  Sec. 
7502.  The  provisions  of  sections  1,  2  and  3  of  this  act  shall 
apply  to  the  State  University  and  the  State  Agricultural  Col- 
lege, and  may,  at  the  discretion  of  the  State  Board  of  Educa- 
tion, be  extended  to  any  institution -in  any  of  the  United  States 
which  shall  satisfy  the  said  board  that  it  maintains  an  efficient 
department  of  education  and  meets  the  other  requirements  for 
schools  on  the  accredited  list.  (Laws  1911,  ch.  276,  sec.  4.) 


32  CERTIFICATES — STATE.  [CH.  3 

SEC.  58.    Graduates  of  School  of  Arts  in  Certain  Institutions. 

That  section  7521  of  General  Statutes  of  1909  be  and  same  is 
hereby  repealed.  Any  graduate  of  the  school  of  arts  of  the 
University  of  Kansas,  or  of  any  university  or  college  incor- 
porated under  the  laws  of  this  state  maintaining  a  department 
of  education  and  requiring  a  four-year  high-school  course  or 
its  equivalent,  approved  by  the  State  Board  of  Education,  as  a 
condition  of  admission  to  its  freshman  class,  and  maintaining 
a  regular  four-year  course  thereafter  for  graduation,  and 
accredited  as  such  by  the  State  Board  of  Education,  shall,  upon 
presentation  to  said  board  of  satisfactory  evidence  of  gradu- 
ation from  such  accredited  course  of  study  in  said  university 
or  college,  receive  from  said  board  a  three-year  certificate  to 
teach  in  the  public  schools  of  this  state;  provided,  that  the 
course  of  study  completed  by  such  graduate  of  the  above- 
described  institutions  shall  have  included  such  work  in  the 
department  of  education  as  shall  be  satisfactory  to  the  State 
Board  of  Education.  (Laws  1911,  ch.  276,  sec.  5.) 

SEC.  59.  Normal  Courses  with  Practice  Teaching.  [7522] 
The  State  Agricultural  College  and  any  educational  institution 
incorporated  under  the  laws  of  this  state,  and  accredited  by 
the  State  Board  of  Education  as  maintaining  a  course  of  study 
including  all  the  branches  prescribed  by  law  and  required  by 
said  State  Board  of  Education  for  securing  a  three-years  cer- 
tificate to  teach  in  the  public  schools  of  the  state,  is  hereby 
authorized  to  grant  a  diploma — the  form  of  which  shall  be 
prescribed  by  the  State  Board  of  Education — to  any  person 
who  shall  complete  the  above-specified  course  of  study,  which 
diploma  shall  be  accepted  by  the  State  Board  of  Education  as 
authorization  for  granting  to  the  holder  of  such  diploma  a 
three-years  certificate  to  teach  in  the  public  schools  of  the 
state  of  Kansas;  provided,  said  person  shall  have  given  not 
less  than  twenty  weeks  to  practice  teaching  under  the  pro- 
vision of  the  pedagogical  department  of  said  educational  insti- 
tution. (Laws  1899,  ch.  179,  sec.  3.) 

SEC.  60.    State  Normal  Schools;  Common-school  Certificate. 

[8343]  As  soon  as  any  person  has  attended  said  institution 
twenty-two  weeks,  said  person  may  be  examined  in  the  studies 
required  by  the  board,  in  such  manner  as  may  be  prescribed, 
and  if  it  shall  appear  that  said  person  possesses  the  learning 
and  other  qualifications  necessary  to  teach  a  good  common 
school,  said  person  shall  receive  a  certificate  to  that  effect  from 
the  principal,  to  be  approved  by  the  superintendent  of  public 
instruction;  and  as  soon  as  any  person  shall  have  completed 
the  full  course  of  instruction  in  the  State  Normal  School,  he 
or  she  shall  receive  a  diploma,  which,  when  signed  by  the 
president  of  the  institution,  state  superintendent  of  public 
instruction,  and  the  board  of  directors  of  said  school,  shall  be 
evidence  that  the  person  to  whom  such  diploma  is  granted  is 


CH.  3]  CERTIFICATES — STATE.  33 

a  graduate  of  the  State  Normal  School,  and  entitled  to  all  the 
honors  and  privileges  belonging  to  such  graduates;  and  such 
diploma  shall  serve  as  a  legal  certificate  of  qualification  to 
teach  in  the  common  schools  of  this  state.  (Laws  1864,  ch.  99, 
sec.  13.) 

SEC.  61.  State  Normal  Schools;  One-year  Certificates.  Each 
person  shall,  upon  the  completion  of  the  secondary  course  of 
instruction  adopted  by  the  faculty  of  the  Kansas  State  Normal 
School  at  Emporia,  the  State  Manual  Training  Normal  School 
at  Pittsburg,  and  the  Fort  Hays  Kansas  Normal  School  at 
Hays,  and  approved  by  the  State  Board  of  Administration,  be 
entitled  to  a  certificate  to  teach  in  the  schools  of  the  state  of 
Kansas  for  a  period  of  one  year.  (Laws  1915,  ch.  299,  sec.  1.) 

SEC.   62.     State  Normal  Schools;   Three-year   Certificates. 

Each  person  who  has  completed  a  standard  four-year  high 
school  course,  approved  by  said  institutions  as  referred  to  in 
section  one,  and  who  has  completed  the  freshman  course  as 
prescribed  by  the  faculty  and  approved  by  the  State  Board  of 
Administration,  shall  be  entitled  to  a  certificate  to  teach  in  the 
schools  of  the  state  of  Kansas  for  a  period  of  three  years. 
(Laws  1915,  ch.  299,  sec.  2.) 

SEC.  63.  State  Normal  Schools;  Life  Certificates.  Each  per- 
son who  has  completed  a  standard  four-year  high  school  course, 
approved  by  said  institutions  as  referred  to  in  section  one,  and 
who  has  completed  the  freshman  and  sophomore  course  pre- 
scribed by  the  faculty  and  approved  by  the  State  Board  of  Ad- 
ministration, shall  be  entitled  to  a  life  certificate  to  teach  in 
the  elementary  schools  and  the  junior  and  two-year  high 
schools  of  the  state  of  Kansas.  (Laws  1915,  ch.  299,  sec.  3.) 

SEC.  64.  State  Normal  Schools;  Life  Diplomas.  The  diploma 
conferred  by  the  degree  of  bachelor  of  science  in  education 
shall  be  a  life  diploma  to  teach  in  any  of  the  common  schools 
of  the  state  of  Kansas,  including  elementary  and  high  schools. 
(Laws  1915,  ch.  299,  sec.  4.) 

SEC.  65.    State  Normal  Schools ;  When  Act  Shall  Take  Effect. 

Sections  1,  2,  3  and  4  of  this  act  shall  take  effect  on  September 
1st,  1916,  and  until  that  time  each  of  said  institutions  as  re- 
ferred to  in  section  one  shall  be  entitled  to  issue  the  life  cer- 
tificate now  provided  by  section  834311  of  the  Revised  Statutes 
of  1909,  upon  the  completion  of  the  full  course  heretofore  pre- 
scribed for  that  purpose  by  the  board  of  regents  and  consisting 
of  two  full  years'  work  above  the  high  school  in  said  institu- 
tions ;  and  shall  have  the  right  to  issue  the  three-year  certificate 
now  provided  by  law.  (Laws  1915,  ch.  299,  sec.  5.) 

SEC.  66.  State  Normal  Schools;  Special  Certificates.  Each 
of  said  institutions  shall  have  power  to  issue  certificates  to 

11.    Section  60  of  this  book. 
—3 


34  CERTIFICATES — STATE.  [CH.  3 

teach  manual  training,  domestic  science,  agriculture,  commer- 
cial subjects,  drawing,  music,  or  other  occupational  subjects, 
upon  the  completion  of  such  course  of  study  as  may  be  pre- 
scribed by  the  faculty  of  said  institutions  and  approved  by  the 
State  Board  of  Administration.  (Laws  1915,  ch.  299,  sec.  6.) 

SEC.  67.  Normal  School  Certificates  Signed  and  Registered 
by  State  Superintendent.  [8380]  All  teachers'  certificates 
and  all  diplomas  having  certificate  value  shall,  before  they  are 
issued  by  this  board,  be  presented  to  the  state  superintendent 
of  public  instruction  for  his  signature  and  for  registration  in 
his  office.  (Laws  1905,  ch.  388,  sec.  3.) 

SEC.   68.     Recognition  of  Certificates  from  Other  States. 

[7506]  When  the  State  Board  of  Education  is  satisfied  that 
any  resident  of  this  state,  holding  a  state  certificate  issued  by 
any  other  state  in  the  United  States,  secured  the  same  by  pass- 
ing an  examination  equivalent  to  that  given  by  said  board,  it 
may  issue  to  said  person  the  certificate  as  provided  for  in 
section  3  of  this  act,  without  further  examination.  (Laws 
1893,  ch.  132,  sec.  10.) 

SEC.  69.  Registration  of  State  Certificates.  Every  state 
certificate,  state  diploma,  or  other  document  issued  as  a  teach- 
er's certificate  by  the  State  Board  of  Education  or  by  any 
Kansas  State  Normal  School  must  be  registered  by  the  county 
superintendent  of  the  county  or  by  the  clerk  of  the  board  of 
education  of  any  city  of  the  first  or  second  class  in  which  the 
holder  contracts  to  teach;  and  for  every  certificate  registered 
by  a  county  superintendent  a  fee  of  one  dollar  shall  be  re- 
quired, which  shall  be  paid  into  the  normal  institute  fund. 
Failure,  neglect,  or  refusal  to  comply  with  the  foregoing  pro- 
visions will  render  said  certificates,  diploma,  or  other  document 
void  as  a  teacher's  certificate  in  such  township,  county  or  city 
of  the  first  or  second  class  until  such  registration  is  made. 
(Laws  1915,  ch,  298,  sec.  2.) 

SEC.  70.  Duty  of  Certain  Officers  to  Register  State  Cer- 
tificates. [7528]  It  shall  be  the  duty  of  the  county  superin- 
tendent or  clerk  of  the  board  of  education  of  a  city  of  the  first 
or  second  class  to  register  all  such  certificates,  diplomas  or 
other  documents  when  presented  to  him  by  the  holder  thereof. 
It  shall  be  the  duty  of  said  superintendent  or  clerk  to  provide 
a  suitable  record  for  this  purpose;  said  record  to  show  the 
name  and  address  of  the  holder,  kind  of  certificate,  diploma 
or  other  document  held,  date  of  issue  and  date  of  expiration, 
if  issued  for  other  period  than  the  life  of  the  holder.  It  shall 
be  the  further  duty  of  the  county  superintendent  or  clerk  of 
the  board  of  education  to  issue  to  such  holder  a  statement  of 
the  kind  of  certificate,  diploma  or  other  document  held,  giving 
date  of  issue  and  date  of  expiration  of  same.  (Laws  1905,  ch. 
394,  sec.  2.) 


CH.  3]  CERTIFICATES — STATE.  35 

SEC.  71.  Unlawful  to  Pay  Salary  unless  Certificate  is  Reg- 
istered. [7529]  It  shall  be  unlawful  for  any  district  board, 
board  of  education  or  board  of  trustees  of  any  county  high 
school  to  issue  an  order  for  payment  of  the  salary  for  services 
as  teacher  of  any  holder  of  said  certificate,  diploma  or  other 
document  unless  said  holder  presents  a  certificate  of  registra- 
tion as  provided  for  in  section  2  of  this  act.  (Laws  1905,  ch. 
394,  sec.  3.) 

SEC.  72.  Report  of  Registration.  [7531]  It  shall  be  the 
duty  of  the  county  superintendents  and  clerks  of  boards  of  edu- 
cation of  cities  of  the  first  and  second  class  to  report,  in  Octo- 
ber and  March  of  each  year,  to  the  State  Board  of  Education 
all  certificates,  diplomas  or  other  documents  registered  in  their 
respective  counties  or  cities.  It  shall  be  the  duty  of  the  state 
superintendent  to  provide  necessary  blanks  for  this  report. 
(Laws  1905,  ch.  394,  sec.  5.) 

SEC.  73.  Certificates  Void,  When.  [7507]  All  life  certifi- 
cates issued  by  the  State  Board  of  Education  or  by  the  regents 
of  the  State  Normal  School  shall  be  void  if  the  holder  of  the 
same  should  not  be  engaged  in  school  work  for  three  consecu- 
tive years;  provided,  that  certificates  may  be  renewed  by  the 
State  Board  of  Education.  (Laws  1893,  ch.  132,  sec.  11.) 

SEC.  74.  Certificates  Canceled,  When.  [7508]  The  said 
State  Board  of  Education  is  empowered  to  cancel  any  state 
certificate  which  said  board,  on  satisfactory  proof,  finds  to  be 
held  by  a  person  of  immoral  character  or  otherwise  disquali- 
fied for  a  teacher.  (Laws  1893,  ch.  132,  sec.  12.) 

SEC.   75.     No  Revival  of  Lapsed  Certificates  by  Statute. 

[7532]  No  provisions  of  this  act  shall  be  construed  to  revive 
a  state  certificate,  state  diploma  or  State  Normal  School  di- 
ploma which  has  lapsed  under  provisions  of  section  622312  of 
the  General  Statutes  of  1901,  nor  any  certificate  or  diploma 
which  has  lapsed  by  expiration  of  time  for  which  it  was  issued. 
(Laws  1905,  ch.  394,  sec.  6.) 

12.    See  section  73  of  this  book. 


36 


CERTIFICATES — COUNTY. 


[CH.3 


ARTICLE  II.— County  Certificates. 


§76.   Board  of  county  examiners. 

77.  Public  examinations. 

78.  Examinations    in    other    counties    and 

at  state  schools. 

79.  Special  examinations. 

80.  Fees. 

81.  Uniform    examinations. 

82.  Forwarding  of  questions. 

83.  Unlawful  use  of  questions. 

84.  Penalty    for    unlawful    use    of    ques- 

tions. 

85.  Examiners  exempt. 

86.  Grades  of  certificates;  terms;  endorse- 

ment; revocation. 


§87.  Certificates  of  the  third  grade. 

88.  Certificates  of  the  second  grade. 

89.  Certificates    of    the    first    grade;     re- 

newal. 

90.  High-school  credits;  examination. 

91.  Renewal  of  first-grade  certificates;  ex- 

emption from  requirement  of  high- 
school  credits. 

92.  Temporary  certificates. 

93.  No   certificate   except  by   examination. 

94.  Revocation. 

95.  Examination    in    physiology    and    hy- 

giene. 

96.  Examination   in   certain  districts. 


SECTION  76.  Board  of  County  Examiners.  [7485]  In  each 
county  there  shall  be  a  board  of  county  examiners,  composed 
of  the  county  superintendent,  who  shall  be  ex  officio  chairman 
of  the  board,  and  two  competent  persons,  holders  of  profes- 
sional certificates  or  first-grade  certificates,  or  of  state  certifi- 
cates, or  of  diplomas  from  the  State  University,  the  State 
Normal  School,  or  the  State  Agricultural  College,  who  shall 
be  appointed  by  the  county  commissioners  on  the  nomination 
of  the  county  superintendent,  and  shall  serve  one  year  from 
the  time  of  their  respective  appointments,  and  each  of  whom 
shall  receive  for  his  services  the  sum  of  three  dollars  per  day 
for  not  to  exceed  twenty-four  days  in  any  one  year.  (Laws 
1905,  ch.  390,  sec.  1.) 

SEC.  77.  Public  Examinations.  [7486]  The  board  of  county 
examiners,  two  of  whom  shall  constitute  a  quorum,  shall,  on 
the  last  Saturday  of  January  and  of  October,  and  on  Saturday 
of  the  last  week  of  the  county  normal  institute,  together  with 
the  Friday  preceding  each  such  Saturday,  only  at  such  places 
as  may  be  designated  by  the  chairman  (who  shall  give  ten 
days'  notice  of  each  examination),  publicly  examine  all  per- 
sons proposing  to  teach  in  the  common  schools  of  the  county 
(cities  of  the  first  and  second  class  excepted)  as  to  their  com- 
petency to  teach  the  branches  prescribed  by  law  ;13  said  board 
shall  open  each  separate  package  of  questions  not  earlier  than 
the  hour  specified  thereon  by  the  state  superintendent,  and 
shall  give  the  candidates  the  questions  at  the  hour  specified 
for  the  beginning  of  the  examination  on  that  subject;  said 
board  of  examiners  shall  issue  certificates,  as  by  law  provided, 
to  all  such  applicants  as  shall  pass  the  required  examination 
and  satisfy  the  board  as  to  their  good  moral  character  and 
ability  to  teach  and  govern  school  successfully.14  (Laws  1905, 
ch.  391,  sec.  1.) 

13.  Section  77  provides  that  the  county  board  of  examiners  "shall 
publicly  examine  all  persons  proposing  to  teach     .     .     .     as  to  their  com- 
petency to  teach  the  branches  prescribed  by  law."     Sections  95  and  309 
indicate  what  branches  shall  be  taught  in  the  public  schools. 

14.  The  awarding  of  a  county  certificate,  or  any  other  act  within  the 
jurisdiction  of  the  county  board  of  examiners,  must  have  duly  received, 
in  the  lawful  course  of  business,  the  consent  of  at  least  two  members  of 


CH.  3]  CERTIFICATES — COUNTY.  37 

SEC.  78.  Examinations  in  Other  Counties  and  at  State 
Schools.  [7487]  Applicants  for  any  grade  of  county  certifi- 
cates for  any  county  of  the  state  may  write  in  the  examination 
given  in  any  other  county  of  the  state,  or,  if  students  at  the 
State  University,  State  Agricultural  College,  or  State  Normal 
School  or  either  of  its  auxiliaries,  at  an  examination  conducted 
by  the  presiding  officer  thereof,  on  the  questions  and  under 
the  laws  and  regulations  for  the  county  examination;  and 
the  county  examining  board  of  any  county,  on  receiving  the 
papers,  with  a  properly  signed  certificate  on  a  blank  to  be 
provided  by  the  state  superintendent,  together  with  one  dollar 
for  the  institute  fund  for  each  applicant,  shall  issue  certificates 
as  provided  in  case  of  regular  county  -examinations.  (Laws 
1905,  ch.  391,  sec.  2.) 

SEC.  79.  Special  Examinations.  [7488]  Each  county  su- 
perintendent may,  if  he  deems  it  necessary,  conduct  a  special 
examination  at  the  time  of  the  closing  of  normal  institutes  in 
some  other  county  or  counties ;  provided,  that  the  examination 
conforms  to  the  laws  in  all  other  respects,  including  the  ques- 
tions prepared  for  that  examination,  and  it  shall  be  the  duty  of 
the  state  superintendent  to  furnish  these  questions,  if  notified 
by  the  county  superintendent  ten  days  before  the  date  of  the 
examination  that  he  has  accepted  fees  from  two  or  more  can- 
didates for  that  examination.  (Laws  1905,  ch.  391,  sec.  3.) 

SEC.  80.  Fees.  [7489]  Each  candidate  for  the  examina- 
tion under  the  provisions  of  section  2  and  section  3  of  this  act 
shall  pay  a  fee  of  one  dollar  for  this  examination  if  taken  at  a 
state  educational  institution,  or  two  dollars  if  taken  before  a 
county  examining  board,  one  dollar  of  which  shall  go  into  the 
institute  fund  of  the  county  in  which  the  examination  is 
written.  (Laws  1905,  ch.  391,  sec.  4.) 

SEC.  81.  Uniform  Examinations.  [7517]  That  the  State 
Board  of  Education  is  hereby  instructed  to  prepare  a  series  of 

the  board,  in  order  to  be,  legally,  an  act  of  the  board.  County  certificates 
can  be  legally  granted  only  by  the  board. 

A  county  certificate  can  not  be  lawfully  dated  back  beyond  the  time 
when  the  county  board,  in  the  lawful  course  of  business,  actually  awarded 
the  same. 

Although  the  county  board  may,  by  revocation  for  cause,  abridge,  they 
can  not  lawfully  extend  the  time  during  which  a  certificate  issued  by 
them  shall  be  in  force,  nor  renew  the  same  without  a  public  examination 
of  the  holder  thereof,  except  as  provided  by  law. 

A  public  examination  is  the  only  legal  basis  for  the  issuance  of  a  cer- 
tificate. It  is  the  province  of  the  board  to  determine  the  standing  of  the 
applicant  in  every  study,  and  to  inquire  into  the  "competency"  of  the 
candidate  to  teach  and  govern  a  school  successfully. 

It  is  proper  for  the  board  to  refuse  a  certificate  to  an  applicant  passing 
the  necessary  examination  but  not  satisfying  the  board  as  to  his  ability 
to  "teach  and  govern  a  school  successfully." 

Certificate  in  Case  of  Joint  District.  In  the  case  of  a  joint  district, 
the  certificate  must  be  issued  by  the  board  of  examiners  of  the  county  in 
which  the  largest  amount  of  territory  is  found. 


38  CERTIFICATES — COUNTY.  [CH.  3 

questions  for  each  examination,  to  be  used  in  each  county  of 
the  state  of  Kansas  for  the  examination  of  teachers ;  and  the 
state  superintendent  is  hereby  instructed  to  procure  the  print- 
ing of  the  same  and  distributing  to  the  superintendents  of  the 
several  counties  in  the  state,  as  hereinafter  provided.  (Laws 
1885,  ch.  180,  sec.  1.) 

SEC.  82.  Forwarding  of  Questions.  [7518]  The  state 
superintendent  shall  forward  all  questions  to  the  superintend- 
ents of  the  several  counties  in  the  state  of  Kansas ;  provided, 
that  said  questions  shall  be  forwarded  in  time  to  reach  their 
destination  at  least  two  days  before  required  for  use ;  and  pro- 
vided further,  that  said  questions  shall  not  be  opened  except 
in  the  presence  of  a  majority  of  the  examining  board  on  the 
day  and  hour  of  examination.  (Laws  1885,  ch.  180,  sec.  2.) 

SEC.  -83.  Unlawful  Use  of  Questions.  [7754]  It  shall  be 
unlawful  for  any  person  to  sell  or  offer  for  sale,  or  buy  or 
offer  to  buy,  or  to  distribute,  or  have  in  his  or  her  possession 
any  printed  or  written  examination  questions  prepared  for 
any  examination  to  be  held  for  the  purpose  of  testing  the 
qualifications  of  persons  desiring  to  be  admitted  to  the  practice 
of  any  of  the  professions  in  this  state  in  which  it  is  required 
that  such  persons  be  examined  as  to  their  qualifications,  or  any 
printed  or  written  examination  questions  prepared  for  teach- 
ers' examinations  for  any  of  the  schools  of  this  state,  or  of  any 
printed  or  written  examination  questions  prepared  for  the 
final  examination  of  any  students  in  any  of  the  higher  institu- 
tions of  learning  of  this  state,  desiring  to  graduate  from  said 
institutions,  prior  to  the  time  of  the  holding  of  such  examina- 
tion. (Laws  1909,  ch.  208,  sec.  1.) 

SEC.  84.  Penalty  for  Unlawful  Use  of  Examination  Ques- 
tions. [7755]  Any  person  selling  or  offering  to  sell,  buying  or 
offering  to  buy,  distributing  or  having  in  his  or  her  possession 
any  such  examination  questions,  contrary  to  the  provisions  of 
section  1  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars, 
or  imprisoned  in  the  county  jail  for  not  less  than  ten  days  nor 
more  than  six  months.  (Laws  1909,  ch.  208,  sec.  2.) 

SEC.  85.  Examiners  Exempt.  [7756]  The  provisions  of 
this  act  shall  not  be  construed  to  prevent  the  proper  officials 
or  instructors  whose  duty  it  is  to  conduct  the  said  examina- 
tion, referred  to  in  section  1  of  this  act,  from  having  in  their 
possession  printed  or  written  copies  of  such  examination  ques- 
tions. (Laws  1907,  ch.  208,  sec.  1.) 

SEC.  86.  Grades  of  Certificates;  Terms;  Endorsement;  Revo- 
cation. Boards  of  county  examiners  may  issue  teachers'  cer- 
tificates of  three  grades  as  provided  in  this  act ;  namely,  third 
grade,  second  grade  and  first  grade ;  and  said  certificates  shall 


OH.  3]  CERTIFICATES — COUNTY.  39 

be  valid  only  in  elementary  schools  and  shall  continue  in  force 
in  the  county  in  which  they  are  issued  for  terms  of  one  year, 
two  years,  and  three  years  respectively ;  and  upon  payment  of 
a  fee  of  one  dollar  which  shall  be  turned  into  the  normal  in- 
stitute fund,  certificates  of  the  second  grade  may  be  indorsed 
and  certificates  of  the  first  grade  shall  be  indorsed  by  the 
county  superintendent  of  public  instruction  of  any  county  in 
the  state ;  and  when  so  indorsed  such  certificates  shall  be  valid 
in  the  county  in  which  they  are  indorsed  for  the  remainder  of 
the  term  for  which  they  were  issued.  A  certificate  issued 
under  this  act  may  be  revoked  by  the  board  of  examiners  on 
the  ground  of  immorality  or  for  any  cause  which  would  have 
justified  the  withholding  of  the  certificate  when  it  was  granted, 
and  the  indorsement  of  a  certificate  may  be  withdrawn  by  a 
county  superintendent  for  a  like  cause.  (Laws  1915,  ch.  298, 
sec.  11.) 

SEC.  87.  Certificates  of  the  Third  Grade.  Certificates  of  the 
third  grade  may  be  issued  to  persons  of  good  moral  character 
and  not  less  than  eighteen  years  of  age  who  shall  by  a  written 
examination  secure  an  average  grade  of  seventy-five  per  cent 
with  no  grade  below  sixty  per  cent  in  the  following  branches : 
spelling,  reading,  writing,  English  grammar  and  composition, 
geography,  arithmetic,  United  States  history,  Kansas  history, 
civil  government,  physiology  and  hygiene,  the  elements  of 
agriculture,  elementary  general  science,  English  classics,  and 
the  principles  and  methods  of  teaching.  A  third  grade  cer- 
tificate shall  not  be  issued  to  any  person  who  has  previously 
held  two  certificates  of  the  third  grade  if  such  person  has 
taught  seven  months.  (Laws  1915,  ch.  298,  sec.  12.) 

SEC.  88.  Certificates  of  the  Second  Grade.  Certificates  of 
the  second  grade  may  be  issued  to  persons  of  good  moral  char- 
acter and  not  less  than  eighteen  years  of  age  who  have  taught 
successfully  not  less  than  seven  school  months  and  who  by 
written  examination  shall  secure  an  average  grade  of  eighty 
with  no  grade  below  sixty  in  all  branches  required  for  a  third 
grade  certificate,  and  in  the  elements  of  music  the  examination 
in  which  shall  be  confined  to  the  questions  prepared  by  the 
state  board  of  education  and  shall  not  require  singing  by  the 
applicant;  and  who  in  addition  thereto  have  completed  a  one- 
year  course  of  study  in  a  high  school  approved  by  the  State 
Board  of  Education  or  the  equivalent  thereof  as  provided  in 
section  15  of  this  act;  provided  that  certificates  of  the  second 
grade  may  be  issued  to  persons  who  have  had  no  previous  ex- 
perience in  teaching  if  such  persons  have  completed  a  four- 
year  course  of  study  in  a  high  school  approved  by  the  State 
Board  of  Education  and  are  otherwise  qualified  as  herein  pro- 
vided. (Laws  1915,  ch.  298,  sec.  13.) 

SEC.  89.  Certificates  of  the  First  Grade;  Renewal.  Cer- 
tificates of  the  first  grade  may  be  issued  to  persons  of  good 


40  CERTIFICATES — COUNTY.  [CH.  3 

moral  character  and  not  less  than  twenty  years  of  age  who 
have  taught  successfully  not  less  than  fourteen  school  months 
and  who  by  written  examination  shall  secure  an  average  grade 
of  ninety  with  no  grade  below  seventy-five  in  all  branches  re- 
quired for  a  second  grade  certificate,  and  in  English  history 
and  the  elements  of  physics,  and  who  in  addition  thereto  have 
completed  a  two-year  course  of  study  in  a  high  school  ap- 
proved by  the  State  Board  of  Education  or  the  equivalent 
thereof  as  provided  in  section  15  of  this  act;  provided  that  all 
grades  of  ninety  per  cent  or  higher  recorded  on  a  normal  train- 
ing certificate  or  on  a  second  grade  certificate  and  all  grades  of 
ninety  per  cent  or  higher  secured  in  subsequent  county  teach- 
er's examinations  while  said  normal  training  certificate  or 
certificate  of  the  second  grade  is  in  force  may  be  applied  to- 
wards meeting  the  requirements  of  a  first  grade  certificate. 
A  certificate  of  the  first  grade  may  be  renewed  at  its  expiration 
upon  the  payment  of  a  fee  of  one  dollar  to  be  turned  into  the 
normal  institute  fund  if  it  is  shown  that  the  holder  has  at- 
tended at  least  ninety  per  cent  of  the  time  of  three  five  day 
institutes  or  of  one  four  weeks'  institute  or  has  attended  some 
approved  school  for  six  weeks  during  the  period  for  which  the 
certificate  was  issued;  and  provided  that  the  applicant  shall 
have  performed  such  professional  work  as  the  county  superin- 
tendent shall  prescribe  for  the  renewal  of  first  grade  certifi- 
cates. (Laws  1915,  ch.  298,  sec.  14.) 

SEC.  90.  High  School  Credits;  Examination.  Applicants 
for  first  and  second  grade  certificates  may  obtain  the  high 
school  credits  provided  for  in  section  13  and  section  14  of  this 
act  either  by  resident  attendance  in  a  high  school  approved  by 
the  State  Board  of  Education  or  by  examination  in  subjects  se- 
lected from  the  first  two  years  of  the  high  school  course  pre- 
scribed by  the  State  Board  of  Education.  Subjects  comprising 
three  units  of  high  school  credit  shall  be  accepted  as  equiva- 
lent to  one  year  of  high  school  attendance  and  subjects  com- 
prising seven  units  of  high  school  credit  shall  be  accepted  as 
equivalent  to  two  years  of  high  school  attendance.  In  order 
to  secure  credit  by  resident  attendance  the  applicant  must 
present  to  the  county  superintendent  a  statement  signed  by  the 
principal  of  the  high  school  showing  the  grades  secured  in 
each  subject;  and  said  statement  shall  be  presented  on  a  form 
furnished  by  the  state  superintendent  of  public  instruction  and 
shall  be  attached  to  the  certificate  when  issued  or  recorded 
thereon  and  countersigned  by  the  county  superintendent.  An 
examination  of  applicants  for  high  school  credits  shall  be  held 
in  each  county  of  the  state  on  the  third  Friday  of  May  and  the 
succeeding  Saturday  and  first  Friday  of  August  and  the  suc- 
ceeding Saturday  of  each  year  under  such  rules  as  the  State 
Board  of  Education  may  prescribe.  Notice  of  this  examination 
shall  be  given  by  county  superintendents  and  the  examination 


CH.  3]  CERTIFICATES — COUNTY.  41 

shall  be  conducted  by  the  board  of  county  examiners,  each  of 
whom  shall  receive  the  compensation  provided  by  law  for 
holding  county  teachers'  examinations.  The  questions  shall 
be  prepared  by  the  State  Board  of  Education  and  shall  be 
forwarded  to  county  superintendents  by  the  state  superintend- 
ent of  public  instruction.  The  package  containing  the  ques- 
tions shall  not  be  opened  except  in  the  presence  of  a  majority 
of  the  examining  board  on  the  day  and  hour  for  the  examina- 
tion. Immediately  at  the  close  of  the  examination  the  papers 
shall  be  securely  wrapped  and  sealed  and  sent  to  the  state 
superintendent  of  public  instruction  and  said  manuscripts  shall 
be  graded  under  the  direction  of  the  State  Board  of  Education. 
Each  applicant  shall  pay  a  fee  of  one  dollar,  one-half  of  which 
shall  be  turned  into  the  normal  institute  fund  of  the  county  in 
which  the  examination  is  held,  and  one-half  shall  be  forwarded 
to  the  state  superintendent  of  public  instruction  and  shall  be 
used  to  pay  for  the  grading  of  the  examination  papers.  The 
grades  shall  be  recorded  in  the  office  of  the  state  superintend- 
ent of  public  instruction,  and  a  statement  of  the  same  shall  be 
sent  to  the  applicant  and  a  duplicate  to  the  county  superintend- 
ent of  the  county  in  which  said  applicant  took  the  examination 
and  said  statement  shall  be  attached  to  the  certificate  when  is- 
sued or  recorded  thereon  and  countersigned  by  the  county 
superintendent.  (Laws  1915,  ch.  298,  sec.  15.) 

SEC.  91.  Renewal  of  First  Grade  Certificates;  Exemption 
from  Requirement  of  High  School  Credits.  All  first  grade  cer- 
tificates in  force  at  the  time  of  the  passage  of  this  act  shall  be 
renewed  at  their  expiration  and  the  high  school  credits  pro- 
vided for  in  section  14  of  this  act  shall  not  be  required  from  the 
holders  of  said  certificates,  provided  that  all  other  requirements 
for  renewal  have  been  complied  with ;  and  all  persons  who  at 
the  time  of  the  passage  of  this  act  shall  have  taught  success- 
fully in  the  public  schools  of  Kansas  for  twenty-one  school 
months  shall  be  exempt  from  the  requirements  of  high  school 
credit,  provided  for  in  section  13  and  section  14  of  this  act. 
(Laws  1915,  ch.  298,  sec.  16.) 

SEC.  92.  Temporary  Certificates.  [7534]  That  the  county 
superintendent  of  any  county  in  this  state,  upon  request  made 
in  writing  by  such  district  board,  is  authorized  to  issue  tem- 
porary teachers'  certificates  to  any  persons  not  under  eighteen 
years  of  age  applying  therefor,  when  in  the  judgment  of  such 
county  superintendent  the  applicant  is  a  person  of  good  moral 
character  and  possesses  the  necessary  qualifications  of  a 
teacher;  provided,  however,  that  such  applicant  make  affi- 
davit that  he  has  not  failed  in  the  last  preceding  examination 
for  teachers'  certificates  in  any  county  in  this  state ;  and  pro- 
vided further,  that  such  temporary  certificate,  when  issued, 
shall  not  be  effective  or  in  force  from  or  after  the  next 


42  CERTIFICATES — COUNTY.  [CH.  3 

quarterly  examination  for  teachers'  certificates  in  the  county 
wherein  same  was  issued.     (Laws  1907,  ch.  342,  sec.  1.) 

SEC.  93.  No  Certificate  Except  by  Examination.  [7494J 
No  certificate  shall  be  issued  by  any  county  board  or  county 
superintendent  except  upon  examination  as  provided  in  this 
act ;  provided,  that  county  boards  may  renew  professional  cer- 
tificates from  year  to  year,  as  provided  for  in  section  4  of  this 
act.15  (Laws  1903,  ch.  424,  sec.  7.) 

SEC.  94.  Revocation.  [7526]  Any  certificate  issued  by  the 
State  Board  of  Education,  regents  of  the  State  Normal  School, 
county  board  of  examiners  or  city  board  of  examiners  may  be 
revoked  by  the  body  issuing  the  same  on  the  grounds  of  im- 
morality, gross  neglect  of  duty,  annulling  of  written  contracts 
with  boards  of  education  and  district  boards  without  the  con- 
sent of  a  majority  of  the  board  which  is  a  party  to  the  contract, 
or  for  any  cause  that  would  have  justified  the  withholding 
thereof  when  the  same  was  granted.  (Laws  1905,  ch.  392, 
sec.  1.) 

SEC.  95.  Examination  in  Physiology  and  Hygiene.  [7519] 
No  certificate  shall  be  granted  to  any  person  to  teach  in  any 
of  the  public  schools  of  this  state  after  the  1st  day  of  January, 
1886,  who  has  not  passed  a  satisfactory  examination  in  the 
elements  of  physiology  and  hygiene,  with  special  reference 
to  the  effects  of  alcohol  stimulants  and  narcotics  upon  the 
human  system;  and  provision  shall  be  made  by  the  proper 
officers,  committees  and  boards  for  instructing  all  pupils  in 
each  public  school  supported  by  public  money  and  under  state 
control  upon  the  aforesaid  topics.  (Laws  1885,  ch.  169,  sec.  1.) 

SEC.  96.  Examination  in  Certain  Districts.  [7533]  That 
in  any  common-school  district  employing  ten  or  more  teachers 
therein,  the  school  board  may  appoint  two  competent  persons, 
who,  together  with  the  superintendent  of  the  school  of  such 
district,  shall  constitute  an  examining  committee  of  such 
school  board,  whose  duty  it  shall  be  to  examine  all  persons 
who  may  apply  to  them  as  teachers ;  and  no  person  except  one 
who  holds  a  diploma  or  a  certificate  from  the  State  Board  of 
Education  or  a  diploma  from  the  State  Normal  School  shall  be 
elected  by  such  board  as  a  teacher  who  can  not  produce  a  cer- 
tificate from  the  examining  committee,  and  setting  forth  that 
such  person  is  competent  to  teach  in  such  department16  of  said 
school  as  may  be  stated  in  the  certificate  and  is  a  person  of 
good  moral  character;  and  provided,  that  a  person  holding 
such  state  diploma,  state  certificate  or  State  Normal  School 
certificate  or  a  certificate  granted  by  the  aforesaid  examining 
committee  shall  not  be  required  to  take  any  county  teachers' 
examinations.  (Laws  1907,  ch.  340,  sec.  1.) 

15.  Professional  certificates  are  no  longer  issued.     First-grade  certifi- 
cates may  be  renewed  as  provided  in  section  89. 

16.  After  September  1,  1916,  such  certificates  will  be  valid  only  in 
elementary  schools.     See  section  52  of  this  book. 


CH.4] 


CHILD   LABOR. 


43 


CHAPTER  IV.— Child  Labor. 


§97.  Employment    of    children   under   four- 
teen. 

98.   Employment    of    children    under    six- 
teen. 


§99.  Certificate  of  age  required. 

100.  Duties  of  inspectors. 

101.  Penalty. 


SECTION    97.      Employment    of    Children    under    Fourteen. 

[5094]  No  child  under  fourteen  years  of  age  shall  be  at  any 
time  employed,  permitted  or  suffered  to  work  in,  or  in  con- 
nection with,  any  factory,  workshop  not  owned  or  operated 
by  the  parent  or  parents  of  the  said  child,  theater  or  packing- 
house, or  operating  elevators,  or  in  or  about  any  mine.  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to  em- 
ploy any  child  under  fourteen  years  of  age  in  any  business  or 
service  whatever  during  the  hours  in  which  the  public  school 
is  in  session  in  the  district  in  which  said  child  resides.  (Laws 
1909,  ch.  65,  sec.  1.) 

SEC.  98.  Employment  of  Children  under  Sixteen.  [5095] 
It  shall  be  unlawful  for  children  under  sixteen  years  of  age, 
who  are  employed  in  the  several  vocations  mentioned  in  this 
act,  or  in  the  distribution  or  transmission  of  merchandise  or 
messages,  to  be  employed  before  seven  o'clock  a.  m.  or  after 
six  o'clock  p.  m.,  or  more  than  eight  hours  in  any  one  calendar 
day,  or  more  than  forty-eight  hours  in  any  one  week.  No 
person  under  sixteen  years  of  age  shall  be  employed  at  any 
occupation  nor  at  any  place  dangerous  or  injurious  to  life, 
limb,  health  or  morals.  (Laws  1909,  ch.  65,  sec.  2.) 

SEC.  99.  Certificate  of  Age  Required.  [5096]  All  persons 
firms  or  corporations  employing  children  in  any  of  the  voca- 
tions mentioned  in  this  act  under  sixteen  years  of  age  shall  be 
required  to  first  obtain  a  certificate  of  the  age  of  such  children, 
based  upon  the  school  census  records,  the  same  to  be  secured 
where  possible  from  the  school  superintendent,  principal  or 
teacher  of  the  school  or  other  person  authorized  by  the  school 
board  to  have  charge  of  the  school  census  records  in  the  dis- 
trict or  city  wherein  such  children  reside.  Said  certificate 
shall  be  issued  without  charge,  and  shall  be  substantially  in 
the  following  form : 

,  ,  Kan.,  

city  county  date 

This  certifies  that ,  according  to  the  records  of  the 

full  name 

school  census  and  from  all  knowledge  that  I  can  obtain,  was  born 

day 

,  ,  at ,  in county,  state  of 

month  year 

,  and  is  now years  and month... .of  age.     His 

(or  her)  weight  is ,  weight 

tall — short — medium  heavy — light — medium 


44                                                 CHILD  LABOR.  [CH.  4 

complexion ,  hair ,  eyes ,  and  he  resides  at 

fair  or  dark  color  color 

No , street.  (Signature) 

of school  or  district  No 

official  school  position  name  of  school 

When  said  child's  name  and  age  does  not  appear  on  the 
school  census  enumeration  of  said  city  or  district,  then  said 
firm,  person  or  corporation  employing  such  child  shall  secure 
an  affidavit  from  the  parent  or  legal  guardian  of  such  child, 
which  statement  shall  contain  the  facts  and  data  as  set  forth 
in  the  above  certificate,  and  shall  be  certified  on  oath  before 
some  officer  authorized  to  administer  oaths.  Such  certificate 
or  affidavit  shall  be  sufficient  protection  to  the  employer  of 
any  child  as  to  the  age  of  such  child,  except  when  such  em- 
ployer has  actual  knowledge  of  the  falsity  of  such  certificate, 
and  all  such  certificates  shall  be  kept  constantly  on  file  in  a 
convenient  place,  and  shall  at  all  times  be  open  to  inspection 
of  the  proper  authorities,  as  provided  in  this  act.  (Laws  1909, 
ch.  65,  sec.  3.) 

SEC.  100.  Duties  of  Inspectors.  [5097]  It  shall  be  the  duty 
of  the  state  factory  inspector,  state  inspector  of  mines  and 
their  deputies  to  inspect  the  certificates  hereinabove  provided 
for,  to  examine  children  employed  in  factories,  workshops, 
theaters,  elevators,  packing-houses  and  mines  and  the  voca- 
tions mentioned  in  section  2  of  this  act  as  to  their  age,  and  to 
file  complaints  in  any  court  of  competent  jurisdiction  to  en- 
force the  provisions  of  this  act,  and  it  shall  be  the  duty  of  the 
county  attorney  of  the  proper  county  to  appear  and  prosecute 
all  complaints  so  filed.  (Laws  1909,  ch.  65,  sec.  4.) 

SEC.  101.  Penalty.  [5098]  Any  person,  firm  or  corpora- 
tion employing  any  person  or  child  in  violation  of  any  pro- 
visions of  this  act,  or  permitting  or  conniving  at  such  violation, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  thirty  days  nor  more  than 
ninety  days.  (Laws  1909,  ch.  65,  sec.  5.) 


CH.5] 


CITIES  OF  FIRST  AND  SECOND  CLASS. 


45 


CHAPTER  V.— Cities. 
ARTICLE  I. — Cities  of  the  First  and  Second  Class. 


§102.  Board  of  education. 

103.  Vacancies. 

104.  Nomination   and   election. 

105.  Vacancy. 


§106.  Clerk. 

107.  Superintendent. 

108.  Examining  committee;   teachers. 

109.  Use  of  school  buildings. 


SECTION  102.  Board  of  Education.  That  in  each  city  of  the 
first  and  second  class,  except  those  cities  having  a  population 
of  more  than  50,000  and  less  than  75,000  by  the  United  States 
census  of  1910,  there  shall  be  a  board  of  education,  which  shall 
constitute  a  body  corporate  and  politic,  possessing  the  usual 
powers  of  public  corporations,  consisting  of  six  members,  to 
be  nominated  and  elected  by  the  qualified  voters  of  the  city  at 
large,  three  of  whom  shall  be  elected  at  the  general  city  elec- 
tion held  in  April  of  each  odd-numbered  year,  and  shall  hold 
their  office  for  a  term  of  four  years  and  until  their  successors 
are  duly  elected  and  qualified,  and  said  term  of  office  shall  begin 
on  the  first  Monday  in  August  succeeding  their  election;  pro- 
vided, that  no  member  of  the  board  of  education  shall  be  a  city 
commissioner  or  member  of  the  city  council,  and  no  city  com- 
missioner or  member  of  the  city  council  shall  be  a  member  of 
the  board  of  education.  The  territory  attached  to  cities  of  the 
first  and  second  class  shall  constitute  a  part  of  such  cities  for 
the  purposes  of  this  act.  (Laws  1911,  ch.  267,  sec.  1.) 

SEC.  103.  Vacancies.  That  the  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  their  body ; 
provided,  that  any  vacancy  occurring  more  than  ten  days  pre- 
vious to  the  date  provided  by  law  for  the  filing  of  primary 
nomination  papers,  and  leaving  an  unexpired  term  of  one  or 
more  years,  shall  be  filled  at  the  first  city  election  thereafter, 
and  the  ballots  and  returns  of  election  shall  be  designated  as 

follows :  "To  fill  the  unexpired  term  of years."    (Laws 

1911,  ch.  267,  sec.  3.) 

SEC.  104.  Nomination  and  Election.  That  in  all  cities  of 
the  first  and  second  class  which  have  heretofore  adopted  or 
shall  hereafter  adopt  the  provisions  of  the  General  Statutes 
of  the  year  1909  authorizing  the  government  of  such  cities  by 
boards  of  commissioners,  candidates  for  nomination  at  the 
primary  and  for  election  as  members  of  the  board  of  education 
shall  be  nominated  and  elected  in  the  same  manner  as  nearly 
as  practicable  as  are  the  mayor  and  commissioners  in  such 
cities,  and  may  be  recalled  in  like  manner.  The  number  of 
members  to  be  elected  at  each  general  city  election  shall  be 
certified  to  the  city  clerk  by  the  president  or  clerk  of  the  board 
of  education  at  least  ten  days  previous  to  the  date  provided 
by  law  as  the  last  day  for  filing  primary  nomination  papers. 


46  CITIES   OF   FIRST  AND   SECOND   CLASS.  [CH.  5 

The  names  of  all  candidates  shall  appear  in  alphabetical  order 
on  the  official  city  primary  ballot,  in  a  separate  column,  under 
the  heading  "Candidates  for  nomination  for  members  of  the 

board  of  education  of city  at  the  primary  election,"  and 

above  the  names  the  words,  "Vote  for ,"  filling  in  the 

blank  with  the  figure  equalling  the  number  of  members  of  the 
board  of  education  to  be  chosen  at  the  regular  election.  The 
names  of  double  the  number  of  members  of  the  board  to  be 
elected  receiving  the  highest  number  of  votes  at  the  primary 
election  shall  be  placed  upon  the  ballot  as  candidates  for  mem- 
bers of  the  board  of  education  at  the  next  succeeding  general 
city  election.  The  persons  receiving  the  highest  number  of 
votes  at  such  regular  city  election  shall  be  declared  elected,  and 
each  shall  receive  a  certificate  signed  by  the  mayor  and  city 
clerk,  under  the  seal  of  the  city.  Each  person  elected  shall 
qualify  within  ten  days  after  his  election  by  filing  an  oath  of 
office  with  the  city  clerk,  but  he  shall  not  take  office  until  the 
first  Monday  in  August  succeeding  his  election.  The  city  clerk 
shall  within  thirty  days  after  the  canvass  of  the  votes  certify 
to  the  board  of  education  the  names  of  the  candidates  elected 
as  members  of  such  board.  Any  petition  for  nomination  for 
member  of  the  board  of  education  filed  prior  to  the  date  on 
which  this  act  goes  into  effect,  and  complying  with  the  law  in 
effect  at  the  time  of  filing  said  petition,  is  hereby  declared  to 
be  legal.  (Laws  1911,  ch.  267,  sec.  5.) 

SEC.  105.  Vacancy.  That  the  board  of  education  in  cities 
of  the  first  and  second  class  shall  have  the  right,  at  any  regular 
or  special  meeting,  to  hold  an  election  to  fill  any  vacancy  which 
may  occur  among  the  officers  of  the  board,  or  any  of  its  em- 
ployees; and  the  board  may  remove  any  of  its  employees  for 
incompetence,  negligence,  or  immorality,  after  notice  and  a 
fair  hearing  of  the  person  so  charged.  The  fiscal  year  of  the 
board  shall  close  on  the  last  day  of  June,  and  the  annual  reports 
of  the  president,  clerk,  superintendent  and  of  the  several  com- 
mittees shall  be  presented  to  the  board  on  or  before  the  first 
Monday  in  August  of  each  year.  (Laws  1911,  ch.  269,  sec.  2.) 

SEC.  106.  Clerk.  That  it  shall  be  the  duty  of  the  clerk  to  be 
present  at  all  meetings  of  the  board,  to  keep  an  accurate  jour- 
nal of  its  proceedings,  and  to  have  the  care  and  custody  of  the 
records,  books  and  documents  of  the  board,  to  countersign  all 
warrants  drawn  upon  the  treasurer  by  order  of  the  board,  to 
keep  an  accurate  account  of  all  moneys  paid  to  the  treasurer 
on  account  of  said  board  and  all  moneys  paid  or  orders  drawn 
on  the  treasurer  by  order  of  said  board,  and  to  prepare  and 
publish  an  annual  report  showing  (1)  the  moneys  received  by 
the  treasurer  since  the  last  report,  and  from  what  source  re- 
ceived; (2)  the  amount  of  sinking-fund,  and  how  invested; 
(3)  the  moneys  paid  out,  and  for  what;  (4)  the  balance  of 
general  fund  in  the  hands  of  the  treasurer;  (5)  and  the  num- 


CH.  5]  CITIES   OF   FIRST  AND   SECOND   CLASS.  47 

ber,  date  and  amount  of  any  bond  issued  by  said  board  and 
of  all  bonds  purchased  for  the  sinking-fund ;  and  the  clerk  shall 
perform  such  other  duties  as  the  board  or  its  committees  shall 
require.  (Laws  1911,  ch.  269,  sec.  3.) 

SEC.  107.  Superintendent.  That  the  board  of  education  in 
cities  of  the  first  and  second  class,  at  such  times  as  they  may 
deem  expedient,  shall  elect  a  superintendent  of  schools,  who 
shall  not  be  a  member  of  said  board,  for  a  term  of  one  or  two 
years,  as  the  board  may  choose,  and  whose  term  shall  begin 
on  the  first  Monday  in  August.  The  superintendent  shall  have 
charge  and  control  of  the  public  schools  of  the  city,  subject  to 
the  orders,  rules  and  regulations  and  by-laws  of  the  board,  and 
shall  receive  for  his  services  such  compensation  as  the  board 
may  allow.  Such  superintendent  shall  be  the  holder  of  a  state 
certificate  valid  for  at  least  three  years,  or  be  a  graduate  of  an 
accredited  normal  school,  college  or  university;  provided,  that 
the  qualifications  herein  specified  shall  not  apply  to  any  per- 
son holding  the  position  of  superintendent  of  schools  in  any 
city  of  the  first  or  second  class  at  the  date  when  this  act  shall 
take  effect.  (Laws  1911,  ch.  269,  sec.  4.) 

SEC.  108.  Examining  Committee;  Teachers.  That  the  board 
of  education  in  cities  of  the  first  and  second  class,  at  such  times 
as  they  may  deem  expedient,  shall  appoint  two  competent  per- 
sons who,  with  the  superintendent  as  chairman  thereof,  shall 
be  styled  the  examining  committee  of  the  board  of  education, 
whose  duty  it  shall  be  to  examine  all  persons  who  shall  apply 
to  them  as  teachers;17  and  no  person  except  one  who  holds  a 
diploma  or  a  certificate  from  the  State  Board  of  Education  or 
a  diploma  from  the  State  Normal  School  shall  be  elected  by 
the  board  as  a  teacher,  unless  such  person  is  the  holder  of  a 
certificate  from  the  examining  committee,  signed  by  all  or  a 
majority  of  them,  and  setting  forth  that  such  person  is  com- 
petent to  teach  in  such  department18  of  the  public  schools  as 
may  be  stated  in  the  certificate  and  is  a  person  of  good  moral 
character.  (Laws  1911,  ch,  269,  sec.  5.) 

SEC.  109.  Use  of  School  Buildings.  The  board  of  education 
of  cities  of  the  first  and  the  second  class  shall  have  the  care 
and  keeping  of  all  school  buildings  and  other  school  properties 
belonging  to  the  city  school  districts.  They  shall  have  author- 

17.  Qualifications  of  Teachers  in  Cities  of  the  First  and  Second  Class. 
The  school  law  authorizes  the  board  of  education  in  a  city  of  the  first  or 
second  class  to  examine  teachers  as  to  their  qualification  to  teach  in  any 
given  department  of  the  public  schools  of  such  city.     Said  board  of  edu- 
cation has  power  to  determine  the  kind  and  grade  of  the  certificates  and 
for  how  long  valid.    Certificates  of  this  kind  are  valid  in  the  city  of  issue 
only.     Cities  of  the  first  and  second  class  must  recognize  three-year  and 
life  certificates  and  diplomas  issued  by  the  State  Board  of  Education  and 
diplomas  from  the  State  Normal  Schools. 

18.  After  September  1,  1916,  such  certificates  will  be  valid  only  in 
elementary  schools.     See  section  52  of  this  book. 


48 


CITIES  OF  FIRST,  SECOND  AND  THIRD  CLASS.         [CH.  5 


ity  to  open  any  or  all  school  buildings  for  the  use  of  night 
schools,  improvement  associations,  scientific,  mechanical  or 
agricultural  societies,  under  such  regulation  as  the  board  of 
education  may  adopt;  provided  that  the  board  of  education 
may  at  any  time,  if  they  think  best,  refuse  to  open  any  or  all 
school  buildings  for  any  or  all  of  these  purposes.  (Laws  1913, 
ch.  283,  sec.  1.) 

ARTICLE  II.— Cities  of  the  First,  Second  and  Third  Class. 


§114.  Costs. 

115.  County  high   schools. 

116.  Depositories  for  funds,   cities  of  sec- 

ond and  third  class. 


§110.  Right  of  eminent  domain. 

111.  Commissioners  to   appraise  and  con- 

demn property. 

112.  Notice;  report. 

113.  Title  to  land;    appeal. 

SECTION  110.  Right  of  Eminent  Domain.  [7859]  That  the 
right  of  eminent  domain  be  and  the  same  is  hereby  conferred 
upon  the  boards  of  education  of  all  cities  of  the  first  and  second 
class,  all  such  boards  having  always  been  distinct  bodies  cor- 
porate, possessing  the  usual  powers  of  bodies  of  [or]  corpora- 
tions for  public  purposes,  and  any  school  district  in  which  is 
located  a  city  of  the  third  class.  (Laws  1909,  ch.  86,  sec.  1.) 

SEC.  111.  Commissioners  to  Appraise  and  Condemn  Prop- 
erty. [7860]  Whenever  it  shall  be  deemed  necessary  by  the 
board  of  education  of  any  city  of  the  first  or  second  class  or 
any  school  district  in  which  is  located  a  city  of  the  third  class 
to  appropriate  any  private  property  for  its  use  for  sites  for 
school  buildings,  playgrounds,  or  any  addition  or  extension  to 
any  school  building  site  or  playground  already  selected,  the 
board  of  education  of  such  city  or  such  school  board  shall  cause 
a  survey,  description  and  plat  of  the  land  so  required  to  be 
made  and  filed  with  its  clerk,  and  thereupon  shall  make  an 
order  declaring  that  the  appropriation  of  such  land  is  neces- 
sary and  setting  forth  for  what  purposes  the  same  is  to  be 
used.  Upon  the  written  application  of  the  board  of  education 
of  said  city  or  school  board  of  any  school  district  in  which  is 
located  a  city  of  the  third  class,  or  a  majority  of  the  board,  it 
shall  be  the  duty  of  the  judge  of  the  district  court  of  the  county 
in  which  such  land  is  situated  to  appoint  three  disinterested 
freeholders  of  such  county  as  commissioners  to  condemn  and 
appraise  such  lands,  which  appointment  shall  be  in  writing 
and  certified  to  said  board  of  education  or  school  board,  and 
said  board  shall  without  delay  cause  such  application  and  cer- 
tificate of  the  appointment  to  be  recorded  in  the  office  of  the 
register  of  deeds  of  such  county;  and  in  case  any  person  so 
appointed  refuses  or  fails  to  serve  as  such  commissioner  for 
any  reason,  the  said  district  judge,  upon  the  application  of 
such  board,  shall  appoint  some  other  person  having  the  proper 
qualifications  to  fill  such  vacancy.  Such  commissioners  shall 
be  sworn  honestly  and  faithfully  to  perform  their  duties ;  and 
such  commissioners  shall  proceed  immediately  after  their  ap- 


CH.  5]         CITIES  OF  FIRST,  SECOND  AND  THIRD  CLASS.  49, 

pointment  to  condemn  and  appraise  the  value  of  the  lands  scT 
selected.    (Laws  1909,  ch.  86,  sec.  2.) 

SEC.  112.  Notice;  Report.  [7861]  Such  commissioners 
shall  give  at  least  thirty  days'  notice  of  the  time  and  place 
when  and  where  the  damage  will  be  assessed,  by  publication 
for  three  consecutive  weeks  in  some  newspaper  of  general  cir- 
culation published  in  such  county  that  on  the  time  fixed  by 
such  notice  they  will  upon  actual  view  appraise  the  value  of 
the  lands  taken  and  assess  any  other  damages  to  the  owners 
thereof.  Such  notice  shall  describe  the  property  taken  and 
the  name  or  names  of  the  owner  if  known.  The  said  commis- 
sioners may  adjourn  as  often  and  for  such  length  of  time  as 
may  be  deemed  convenient,  and  may  during  any  adjournment 
perfect  and  correct  all  errors  or  omissions  in  the  giving  of 
notice  by  making  new  publication,  citing  corporations  or  indi- 
vidual property  owners  who  have  not  been  notified,  or  if  de- 
fective or  insufficient  notice  has  been  given,  a  notice  of  any 
adjourned  meeting  shall  be  as  effective  as  notice  of  the  first 
meeting  of  the  commissioners,  and  the  commissioners  shall, 
upon  completing  their  duties,  make  and  sign  a  report  de- 
scribing the  land  so  condemned,  the  purpose  for  which  it  was 
condemned,  and  the  appraised  value  thereof,  which  report 
shall  be  by  them  filed  in  the  office  of  the  city  clerk  of  the  city 
or  clerk  of  said  school  district  in  which  such  land  is  located. 
And  such  city  clerk  or  clerk  of  said  school  district  shall  imme- 
diately cause  a  certified  copy  of  such  report  to  be  filed  in  the 
office  of  the  register  of  deeds  of  the  county  in  which  such  land 
is  situated,  and  by  such  register  duly  recorded  as  other  instru- 
ments of  writing  affecting  the  titles  to  real  estate.  (Laws 
1909,  ch.  86,  sec.  3.) 

SEC.  113.  Title  to  Land;  Appeal.  [7862]  Such  city  clerk 
or  clerk  of  such  school  district  shall  immediately  cause  a  cer- 
tified copy  of  such  report  to  be  filed  with  the  clerk  of  such 
board  of  education  or  clerk  of  said  school  district.  If  within 
thirty  days  after  such  report  is  filed  in  the  office  of  the  city 
clerk  or  clerk  of  said  school  district  the  board  of  education  or 
said  school  board  shall  pay  to  the  county  treasurer  for  the  use 
of  the  owner  of  such  land  the  amount  of  the  appraised  value 
thereof,  the  title  of  such  land  so  condemned  and  appropriated 
shall  immediately  vest  in  such  board  of  education  of  said 
school  district,  which  shall  have  the  right  forthwith  to  take 
possession  of,  occupy,  use  and  improve  the  same.  Either 
party,  the  owner  of  the  land  or  the  board  of  education  of  said 
school  district,  may  appeal  from  such  appraisement  to  the  dis- 
trict court  in  the  same  time  and  manner  that  appeals  are 
taken  from  the  judgments  of  justices  of  the  peace  in  civil 
actions,  except  as  provided  in  the  following  paragraph:  The 
appeal  bond  shall  be  filed  with  and  approved  by  the  clerk  of 
the  district  court  in  which  said  land  so  condemned  and  appro- 


50  CITIES  OF  FIRST,  SECOND  AND  THIRD  CLASS.         [CH.  5 

priated  is  situated,  and  such  clerk  or  clerk  of  said  district  shall 
immediately  make  a  transcript  of  the  report  of  such  commis- 
sioners and  such  bond  and  file  the  same  with  the  clerk  of  the 
district  court  of  the  county  in  which  said  lands  are  located. 
(Laws  1909,  ch.  86,  sec.  4.) 

SEC.  114.  Costs.  [7863]  That  all  costs  and  expenses  of 
such  condemnation  proceedings  shall  be  paid  by  such  board  of 
education  or  such  school  board  out  of  its  school  fund.  (Laws 
1909,  ch.  86,  sec.  5.) 

SEC.  115.  County  High  Schools.  [7864]  The  provisions  of 
this  act  shall  also  apply  to  and  include  boards  of  trustees  of 
county  high  schools  now  or  hereafter  organized  in  the  state 
of  Kansas.  (Laws  1909,  ch.  86,  sec.  6.) 

SEC.  116.  Depositories  for  Funds,  Cities  of  Second  and  Third 
Class.  [851]  That  in  all  cities  of  the  second  and  third  classes 
the  city  treasurer,  and  also  the  treasurer  of  the  board  of  educa- 
tion of  cities  of  the  second  class,  and  the  treasurer  of  the 
school  board  of  any  district  in  which  there  is  a  city  of  the 
third  class,  shall  deposit  all  public  moneys  coming  into  their 
hands  in  their  official  capacity  in  some  responsible  bank  or 
banks  within  said  city,  the  same  to  be  designated  by  the  mayor 
and  councilmen  of  such  cities,  and  in  the  case  of  such  school 
funds  said  depositories  to  be  designated  by  the  board  of  edu- 
cation or  school  board,  as  the  case  may  be,  in  such  city.  Such 
deposit  shall  be  made  in  the  name  of  such  treasurer  as  such 
officer,  and  such  banks  shall  pay  such  interest  on  average  daily 
balances  as  may  be  agreed  upon,  figured  on  even  hundreds 
of  dollars ;  provided,  that  in  no  case  shall  the  rate  of  interest  be 
less  than  two  per  centum  per  annum  on  such  average  daily 
balances;  and  provided  further,  that  where  more  than  one 
bank  is  designated  as  depository  for  any  fund,  such  fund  shall 
be  equally  divided  by  the  treasurer  of  such  fund  among  such 
banks.  Before  making  such  deposits  the  mayor  and  council- 
men,  the  board  of  education  or  school  board,  as  the  case  may 
be,  shall  take  from  such  bank  or  banks  a  good  and  sufficient 
bond,  payable  to  such  city,  board  of  education,  or  school  board, 
as  the  case  may  be,  the  same  to  be  approved  by  such  mayor  and 
councilmen,  or  board  of  education,  or  school  board,  as  the  case 
may  be,  in  a  sum  double  the  largest  approximate  amount  that 
may  be  on  deposit  at  any  one  time,  or  the  bond  of  some  surety 
company  empowered  to  do  business  in  the  state  of  Kansas  in  a 
sum  aggregating  the  largest  approximate  sum  that  may  be  on 
deposit  at  any  one  time,  conditioned  that  such  deposit  shall  be 
promptly  paid  on  the  check  or  draft  of  the  treasurer  of  such 
city,  board  of  education  or  school  board,  and  the  bondsmen  of 
such  treasurer  shall  not  be  liable  for  money  so  deposited ;  but 
in  no  case  shall  more  than  one-half  of  the  amount  of  said 
depository  bond  be  subscribed  by  the  officers  of  said  bank,  and 
such  bank  or  banks  shall  on  the  first  day  of  each  month  file 


CH.  5] 


CITIES  OF  FIRST  CLASS. 


with  the  clerk  of  such  city,  board  of ;  education  or  school  board, 
as  the  case  may  be,  a  statement  of  the  amount  of  money  on 
hand  at  the  close  of  business  eaeh  day  during  the  previous 
month  and  the  amount  of  interest  accrued  thereon  to  said  date. 
(Laws  1909,  ch.  89,  sec.  1.) 


ARTICLE  III.— Cities  of  the  First  Class. 


§117.  Cities  of  the  first  class  defined. 

118.  Attachment  of  adjacent  territory. 

119.  Powers  of  board  of  education. 

120.  Duty  of  president. 

121.  Duty  of  vice  president.' 

122.  Bond  of  clerk;   oath  of  office. 

123.  Duty  of  treasurer. 

124.  Members   of   board   shall   not   receive 

pay. 

125.  Vacancy   in   examining   committee. 

126.  Annual  levy   of   taxes. 

127.  Taxes  paid  in   money. 

128.  Levy;  limitations. 

129.  Boards  may  purchase  or  lease  play- 

grounds. 

130.  Tax  authorized  for  playgrounds. 

131.  Whole  city  shall  compose  school  dis- 

trict. 

132.  School    property    held    by    board    of 

education. 

133.  Sale  of  property. 

134.  Meetings  of  board. 

135.  Annual  report. 

136.  Expenditures. 

137.  Sectarian  doctrine. 


§138.  School    property    exempt    from    taxa- 
tion. 

139.  Free   dental   inspection. 

140.  Employment  of  dentists;  regulations. 

141.  Certificate  of  inspection. 

142.  Bonds. 

143.  Bond  election;   limitation.. 

144.  Date,  rate,  time,  and  signature. 

145.  Annual  levy  for  interest  and  sinking 

fund. 

146.  Use  of  sinking  fund. 

147.  Payment  of  interest. 

148.  Security. 

149.  Registry  of  bonds. 

150.  Refunding  of  outstanding  bonds. 

151.  Registration  and  signature. 

152.  Tax  levy  to  pay  interest  and  bonds. 

153.  Penalty   for   failure   to   levy   tax   for 

payment  of  coupons. 

154.  Use    of    money    levied    and    collected 

under  this  act. 

155.  Bonds  for  outstanding  warrants. 

156.  Denominations;  payment. 

157.  Bonds  to   be   sold  at  par;    warrants 

delivered. 

158.  Tax  for  interest  and  sinking  fund. 

SECTION  117.  Cities  of  the  First  Class  Defined.  [7554]  All 
cities  of  more  than  15,000  inhabitants  shall  be  governed  by  the 
provisions  of  this  act.  (Laws  1876,  ch.  122,  art.  10,  sec.  1.) 

SEC.  118.  Attachment  of  Adjacent  Territory.  Territory 
outside  the  city  limits  of  any  city  of  the  first  class,  but  adjacent 
thereto,  may  be  attached  to  such  city  for  school  purposes,  upon 
the  application  being  made  to  the  board  of  education  of  such 
city  by  a  majority  of  the  electors  of  such  adjacent  territory; 
and  upon  the  application  being  made  to  the  board  of  education 
they  shall,  if  they  deem  it  proper  and  to  the  best  interests  of 
the  school  of  said  city  and  territory  seeking  to  be  attached, 
issue  an  order  attaching  such  territory  to  such  city  for  school 
purposes  and  to  enter  the  same  upon  their  journal,  and  such 
territory  shall  from  the  date  of  such  order  be  and  compose  a 
part  of  such  city  for  school  purposes  only,  and  the  taxable 
property  of  such  adjacent  territory  shall  be  subject  to  taxation 
and  bear  its  full  proportion  of  all  expenses  incurred  in  the 
erection  of  school  buildings  and  in  maintaining  the  schools  of 
said  city.  Such  territory  shall  be  attached  to  the  several 
wards  of  such  city  contiguous  thereto  as  shall  be  determined 
by  the  board  of  education  of  any  such  city,  and  when  so  at- 
tached shall  remain  parts  of  such  for  school  purposes  only. 
Persons  residing  upon  such  attached  territory  and  possessing 
the  qualifications  of  electors  under  the  laws  of  the  state  of 
Kansas  shall  be  qualified  to  vote  at  an  election  held  in  any  such 


52  CITIES  OF  FIRST  CLASS.  [CH.  5 

city  for  school  purposes  only  in  any  such  ward  of  such  city  to 
which  such  territory  shall  be  attached,  and  official  ballots 
shall  be  printed  for  such  attached  territory  to  such  wards  as  in 
other  cases.  (Laws  1911,  ch.  93,  sec.  1.) 

SEC.  119.  Powers  of  Board  of  Education.19  [7584]  The 
board  of  education  shall  have  power  to  elect  their  own  officers, 
make  all  necessary  rules  for  the  government  of  the  schools  of 
such  city  under  its  charge  and  control  and  of  the  board,  sub- 
ject to  the  provisions  of  this  act  and  the  laws  of  this  state;  to 
organize  and  maintain  separate  schools  for  the  education  of 
white  and  colored  children,  including  the  high  schools  in  Kan- 
sas City,  Kan. ;  no  discrimination  on  account  of  color  shall  be 
made  in  high  schools,  except  as  provided  herein;  to  exercise 
the  sole  control  over  the  public  schools  and  school  property  of 
such  city;  and  shall  have  the  power  to  establish  a  high  school 
or  high  schools  in  connection  with  manual  training  and  in- 
struction or  otherwise,  and  to  maintain  the  same  as  a  part  of 
the  public-school  system  of  said  city.  (Laws  1905,  ch.  414, 
sec.  1.) 

SEC.  120.  Duty  of  President.  [7563]  It  shall  be  the  duty  of 
the  president  to  preside  at  all  meetings  of  the  board  of  educa- 
tion, to  appoint  all  committees  whose  appointment  is  not  other- 
wise provided  for,  and  to  sign  all  warrants  ordered  by  the 
board  of  education  to  be  drawn  upon  the  city  treasurer  for 
school  moneys.  (Laws  1876,  ch.  122,  art.  10,  sec.  6.) 

SEC.  121.  Duty  of  Vice  President.  [7564]  It  shall  be  the 
duty  of  the  vice  president  to  perform  all  the  duties  of  the  presi- 
dent, in  case  of  his  absence  or  disability.  (Laws  1876,  ch.  122, 
art.  10,  sec.  7.) 

SEC.  122.  Bond  of  Clerk;  Oath  of  Office.  [7566]  Before  en- 
tering upon  the  discharge  of  his  duties,  the  clerk  of  the  board 
of  education  shall  give  bond  in  the  sum  of  $1000,  with  good 
and  sufficient  securities,  to  be  approved  by  the  board,  and  shall 
take  and  subscribe  an  oath  or  affirmation  before  a  proper  officer 
that  he  will  support  the  constitution  of  the  United  States,  the 
constitution  of  the  state  of  Kansas,  and  faithfully  perform  the 
duties  of  his  office.  (Laws  1876,  ch.  122,  art.  10,  sec.  9.) 

SEC.  123.  Duty  of  Treasurer.  That  section  7567  is  amended 
to  read  as  follows :  Sec.  7567.  The  treasurer  of  the  city  shall 
be  ex  officio  the  treasurer  of  the  board  of  education,  and  shall 
give  bond  to  the  board  of  education  as  the  board  may  require, 
said  bond  to  be  approved  by  the  board  of  education  and  filed 
with  its  clerk.  It  shall  be  the  duty  of  the  treasurer  to  deposit 
daily  all  money  belonging  to  the  board  of  education  in  some 
responsible  bank,  to  be  designated  by  the  board  of  education, 

19.  See  sections  102-108  for  the  organization  and  election  of  boards 
of  education  in  cities  of  the  first  and  second  class. 


CH.  5]  CITIES  OF  FIRST  CLASS.  53 

in  the  name  of  such  treasurer  as  such  officer,  which  bank  shall 
pay  interest  on  monthly  average  balances  as  may  be  agreed 
upon  by  such  bank  and  the  board  of  education;  and  before 
making  such  deposits  the  board  of  education  shall  take  from 
such  bank  a  good  and  sufficient  bond  in  a  sum  to  be  designated 
by  the  board  of  education,  conditioned  that  such  deposits  shall 
be  promptly  paid  on  the  check  or  draft  of  such  treasurer.  The 
treasurer  shall  attend  all  of  the  meetings  of  the  board  when 
required  to  do  so;  shall  prepare  and  submit  in  writing  a 
monthly  report  of  the  finances  of  said  board;  and  shall  pay 
school  monies  only  upon  a  warrant  signed  by  the  president,  or 
in  his  absence  by  the  vice  president,  and  countersigned  by  the 
clerk.  The  treasurer  shall  receive  from  the  board  of  education 
fifty  dollars  per  annum  for  his  services  as  treasurer,  and  no 
more ;  provided,  that  boards  of  education  in  cities  of  the  first 
class  may,  if  they  deem  it  proper,  elect  the  treasurer  of  the 
board  of  education  to  serve  during  the  pleasure  of  the  board 
and  receive  such  salary  as  they  may  determine.  (Laws  1911, 
ch.  97,  sec.  1.) 

SEC.  124.  Members  of  Board  Shall  Not  Receive  Pay.  [7568] 
No  member  of  the  board  of  education  shall  receive  any  pay  or 
emolument  for  his  services.  (Laws  1876,  ch.  122,  art.  10, 
sec.  11.) 

SEC.  125.  Vacancy  in  Examining  Committee.  [7550]  The 
board  of  education  shall  have  power  to  fill  any  vacancy  which 
may  occur  in  the  examining  committee.  (Laws  1876,  ch.  122, 
art.  10,  sec.  13.) 

SEC.  126.  Annual  Levy  of  Taxes.  [7556]  That  the  board 
of  education  in  cities  of  the  first  class  shall,  in  the  month  of 
August  of  each  year,  levy  a  tax  for  the  support  of  the  schools 
of  the  city,  including  building  and  repair  of  school  buildings, 
for  the  fiscal  year  commencing  on  the  1st  day  of  July  last  pre- 
ceding the  month  of  August  in  which  levy  shall  be  made, 
not  exceeding  in  any  one  year  twenty  mills20  on  the  dollar  on 
all  personal,  mixed  and  real  property  within  said  city  which 
is  taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  president  and  clerk  of  the  board  shall,  on  or  before 
August  25,  certify  to  the  county  clerk,  who  is  hereby  author- 
ized and  required  to  place  the  same  on  the  tax-roll  of  said 
county,  to  be  collected  by  the  treasurer  of  the  county  as  are 
other  taxes  and  paid  over  by  him  to  the  treasurer  of  the 
board  of  education,  subject  to  the  order  of  said  board  of  edu- 
cation ;  provided,  that  in  all  cities  of  the  first  class  having  a 
population  of  exceeding  thirty-eight  thousand  inhabitants,  the 
board  of  education  of  such  city  shall  have  power  and  is  hereby 
authorized  to  levy  a  tax  for  the  support  of  the  schools  of  such 


54  CITIES   OF  FIRST   GLASS.  [CH.  5 

city  for  such  fiscal  year  of  not  to  exceed  seventeen  mills20  on 
the  dollar  of  all  taxable  property  in  such  city,21  and  shall  have 
power,  in  addition  thereto,  to  levy  a  tax  upon  all  the  taxable 
property  in  such  city  of  not  exceeding  three  mills20  on  the 
dollar  of  the  assessed  valuation  for  building  purposes  and  re- 
pairs of  school  buildings  in  such  city;  and  provided  further, 
that  each  and  all  of  the  foregoing  levies  hereby  authorized 
shall  be  exclusive  of  and  in  addition  to  the  amount  necessary 
to  be  levied  under  existing  laws  for  the  payment  of  interest 
upon  bonds  heretofore  issued  or  which  may  be  hereafter  is- 
sued by  boards  of  education  of  cities  of  the  first  class  and  for 
a  sinking-fund  for  the  redemption  of  such  bonds,  as  provided 
by  the  laws  under  which  such  bonds  have  been  or  may  be  is- 
sued. (Laws  1907,  ch.  330,  sec.  1.) 

SEC.  127.  Taxes  Paid  in  Money.  [7571]  All  taxes  collected 
for  the  benefit  of  the  public  schools  shall  be  paid  in  money, 
and  shall  be  placed  in  the  hands  of  the  city  treasurer,  subject 
to  the  order  of  the  board  of  education.  Laws  1876,  ch.  122, 
art  10,  sec.  15.) 

SEC.  128.  Levy,  Limitations.  [9415]  The  authority  of 
boards  of  education  in  cities  of  the  first  class  to  levy  taxes,  as 
provided  in  chapter  330,  Laws  of  1907,  is  hereby  limited  so 
that  the  board  of  education  of  any  such  city  shall  not  fix  a  rate 
of  levy  for  the  respective  purposes  in  excess  of  the  following- 
named  rates :  For  the  support  of  the  schools  of  the  city,  in- 
cluding building  and  repairs  of  school  buildings  in  all  cities  of 
40,000  population  or  under,  the  rate  of  levy  shall  not  exceed 
six  mills ;  for  the  support  of  the  schools  in  all  cities  having  a 
population  of  over  40,000,  the  rate  of  levy  shall  not  exceed  five 
mills;  for  building  purposes  and  repairs  of  school  buildings 
in  all  cities  having  a  population  of  over  40,000,  the  rate  of 
levy  shall  not  exceed  one  mill.  (Laws  1909,  ch.  245,  sec.  22.) 

SEC.   129.     Boards  May  Purchase  or  Lease  Playgrounds. 

Boards  of  education  in  cities  of  the  first  class  are  hereby 
authorized  to  purchase  or  lease  grounds  for  public  recreation 
places  and  playgrounds  and  to  establish  and  maintain  for  chil- 
dren on  such  grounds  and  in  the  public  school  buildings  and 
on  the  public  school  grounds,  under  the  custody  and  manage- 
ment of  such  boards  of  education,  public  recreation  places  and 
playgrounds  and  necessary  accommodations  for  the  same. 
Such  boards  of  education  are  also  hereby  authorized  to  co- 
operate with  the  officers  having  the  custody  and  management 

20.  Changed  to  six  mills  for  cities  of  40,000  or  under.     For  cities 
having  a  population  of  over  40,000,  the  maximum  rate  is  five  mills  for 
the  support  of  schools  and  one  mill  for  building  purposes.     (Laws  1909, 
ch.  245,  sec.  22;  section  128  of  this  book.) 

21.  See  section  468  of  this  book  for  provisions  for  manual  training 
in  cities  of  the  first  class. 


CH.  5]  CITIES   OF  FIRST   CLASS.  55 

of  public  buildings  and  public  parks  and  other  public  grounds 
in  such  cities,  and,  by  making  satisfactory  arrangements  with 
such  officers,  to  provide  for  the  supervision,  instruction  and 
oversight  necessary  to  carry  on  public  educational  and  recrea- 
tional activities  as  described  in  this  section  in  such  buildings 
and  upon  such  parks  and  grounds.  (Laws  1915,  ch.  309,  sec.  1.) 

SEC.  130.  Tax  Authorized  for  Playgrounds.  That,  in  addi- 
tion to  the  taxes  which  boards  of  education  in  cities  of  the  first 
class  are  empowered  to  levy  under  existing  statutes,  such 
boards  of  education  are  hereby  authorized  to  levy  a  tax  not 
exceeding,  in  any  one  year,  one-fourth  of  one  mill  on  the  dollar 
on  all  personal,  mixed  and  real  property,  within  such  cities  of 
the  first  class,  taxable  according  to  the  laws  of  the  state  of 
Kansas,  for  the  purpose  of  paying  the  cost  of  the  activities 
hereinbefore  mentioned  in  this  act.  Such  tax  shall  be  levied 
at  the  same  time  and  in  the  same  manner,  and  collected  and 
disbursed  by  the  same  officers,  as  other  taxes  levied  by  such 
boards  of  education.  (Laws  1915,  ch.  309,  sec.  2.) 

SEC.  131.  Whole  City  Shall  Compose  School  District.  [7572] 
The  whole  city  shall  compose  a  school  district  for  all  purposes 
of  taxation,  but  may  be  subdivided  by  the  board  of  education 
into  as  many  districts  as  they  may  think  proper.  (Laws  1876, 
ch.  122,  art.  10,  sec.  16.) 

SEC.  132.     School  Property  Held  by  Board  of  Education. 

[7573]  The  title  of  all  property  held  for  the  use  or  benefit  of 
the  public  schools  shall  be  vested  in  the  board  of  education, 
and  held  by  them  in  trust  for  the  city ;  and  the  board  of  edu- 
cation may  sue  in  its  own  name  for  all  money  due  or  to  become 
due  to  the  board  or  the  school  fund,  and  for  any  trespass  upon, 
injury  to  or  concession  of  any  of  the  school  property  of  said 
city,  for  the  benefit  of  the  school  fund  of  such  city.  (Laws 
1876,  ch.  122,  art.  10,  sec.  17.) 

SEC.  133.  Sale  of  Property.  [7574]  No  school  property  of 
any  kind  shall  be  sold  or  conveyed  by  the  board  of  education, 
except  at  a  regular  meeting  of  the  same,  and  not  then  without 
an  affirmative  recorded  vote  of  at  least  two-thirds  of  all  the 
members  of  said  board.  (Laws  1876,  ch.  122,  art.  10,  sec.  18.) 

SEC.  134.  Meetings  of  the  Board.  [7575]  The  regular 
meetings  of  the  board  of  education  shall  be  upon  the  first 
Monday  in  each  month,  but  special  meetings  may  be  held  from 
time  to  time,  as  circumstances  may  demand.  (Laws  1876,  ch. 
122,  art.  10,  sec.  19.) 

SEC.  135.  Annual  Report.  [7576]  The  board  of  education 
at  the  close  of  each  school  year,  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  pros- 
perity, and  condition,  financial  as  well  as  educational,  of  all 
the  schools  under  their  charge;  and  said  report,  or  such  por- 


56  CITIES   OF  FIRST   CLASS.  [CH.  5 

tion  of  it  as  the  board  of  education  shall  consider  of  advantage 
to  the  public,  shall  be  printed  either  in  a  public  newspaper  or 
in  pamphlet  form.  (Laws  1876,  ch.  122,  art.  10,  sec.  20.) 

SEC.  136.  Expenditures.  [7577]  No  expenditure  involv- 
ing an  amount  greater  than  $200  shall  be  voted,  except  in 
accordance  with  the  provisions  of  a  written  contract.  (Laws 
1876,  ch.  122,  art.  10,  sec.  21.) 

SEC.  137.  Sectarian  Doctrine.  [7578]  No  sectarian  or  re- 
ligious doctrine  shall  be  taught  or  inculcated  in  any  of  the 
public  schools  of  the  city;  but  nothing  in  this  section  shall 
be  construed  to  prohibit  the  reading  of  the  Holy  Scriptures. 
(Laws  1876,  ch.  122,  art.  10,  sec.  22.) 

SEC.  138.  School  Property  Exempt  from  Taxation.  [7579] 
All  property  held  by  the  board  of  education  for  the  use  of 
public  schools  shall  be  exempt  from  taxation,  and  shall  not  be 
taken  in  any  manner  for  any  debt  due  from  the  city.  (Laws 
1876,  ch.  122,  art.  10,  sec.  23.) 

SEC.  139.  Free  Dental  Inspection.  All  cities  now  having,  or 
which  may  hereafter  attain,  a  population  of  forty  thousand 
people  may  provide  free  dental  inspection  for  all  children  at- 
tending public  schools  therein.  (Laws  1915,  ch.  308,  sec.  1.) 

SEC.  140.  Employment  of  Dentists;  Regulations.  The  board 
of  education  or  body  controlling  the  public  schools  in  said  cities 
may  establish  such  place  or  places  of  inspection  as  may  be 
necessary;  designate  such  competent  and  licensed  dentist  or 
dentists  who  shall  make  such  inspections  and  fix  and  provide 
compensation  for  him  or  their  services  therefor,  and  for  any 
and  all  dental  work  required  or  by  them  deemed  necessary  to 
be  done  under  and  by  virtue  of  such  inspection  and  make  any 
and  all  rules  by  said  board  deemed  necessary  and  proper  to 
regulate  such  inspection  and  carry  the  same  into  effect;  and 
may  prescribe  and  cause  to  be  prepared  all  forms  and  blanks 
necessary  in  the  details  of  said  inspection.  (Laws  1915,  ch. 
308,  sec.  2.) 

SEC.  141.  Certificate  of  Inspection.  A  certificate  of  the  re- 
sult of  such  inspection  over  the  signature  of  the  party  making 
such  inspection  shall  be  furnished  to  each  child  without  cost 
at  the  time  of  such  inspection,  and  a  duplicate  thereof  filed 
with  the  clerk  of  said  board  of  education ;  provided  however, 
that  before  any  dental  work  shall  be  done  said  certificate  of 
inspection  so  delivered  to  each  child  shall  be  returned  with  the 
consent  of  the  parent  or  guardian  of  said  child  indorsed 
thereon.  (Laws  1915,  ch.  308,  sec.  3.) 

SEC.  142.  Bonds.  [7557]  Whenever  it  shall  be  necessary 
to  raise  funds  to  purchase  a  school  site  or  sites,  to  furnish,  to 
repair,  to  make  additions,  or  to  build  a  school  building,  it  shall 
be  the  duty  of  the  board  to  prepare  an  estimate  of  the  costs  of 


CH.  5]  CITIES  OF  FIRST  CLASS.  57 

such  site  or  sites,  repairs,  additions,  or  buildings,  together  with 
the  cost  of  furnishing  the  same,  with  estimates,  shall  be  spread 
upon  the  records  of  the  board,  when  adopted  by  a  recorded  yea- 
and-nay  vote  of  two-thirds  of  all  the  members  of  the  board  at  a 
regular  meeting;  and  in  every  case  the  board  shall  complete 
said  repairs,  additions,  or  buildings,  together  with  the  furnish- 
ing of  the  same  and  the  purchase  of  such  site  or  sites,  within 
the  estimated  costs  thereof;  and  in  no  case  shall  any  board 
create  a  deficiency  or  outstanding  obligations  in  the  purchase 
of  such  site  or  sites,  the  making  of  such  repairs,  or  the  erection 
of  additions  or  buildings.  And  every  member  of  a  school  board 
who  shall  be  a  party  to  creating  a  deficiency  or  outstanding 
obligations  within  the  meaning  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  punished 
by  removal  from  office  and  a  fine  of  not  less  than  $100,  and 
shall  be  personally  liable  for  damages  in  any  action,  which  it 
shall  be  the  duty  of  the  city  attorney  of  such  city  of  the  first 
class  to  prosecute,  brought  in  the  name  of  such  school  district, 
for  the  amount  of  such  deficiency  or  outstanding  obligations, 
which  money  when  so  collected  shall  be  used  to  liquidate  such 
deficiency  or  outstanding  obligations;  provided,  that  any  va- 
cancy created  in  any  school  board  under  the  operation  of  this 
section  shall  be  filled  as  provided  in  section  2  of  this  act.22 
(Laws  1891,  ch.  196,  sec.  3.) 

SEC.  143.  Bond  Election;  Limitation.  [7558]  It  shall  be 
the  duty  of  the  mayor  of  such  city  of  the  first  class  within 
thirty  days  after  receiving  a  certified  copy  of  the  action  of  the 
board  of  education,  showing  a  necessity  and  giving  a  statement 
of  the  estimated  cost  of  such  school  sites,  repairs,  additions, 
building  or  buildings,  signed  by  the  clerk  and  countersigned 
by  the  president  of  the  board,  to  issue  a  proclamation  for  hold- 
ing an  election  to  vote  bonds  to  the  amount  prayed  for  by  the 
board;  and  no  bonds  shall  be  issued  unless  a  majority  of  the 
qualified  electors  of  the  city  school  district  voting  at  such  elec- 
tion shall  vote  therefor;  nor  shall  the  entire  amount  of  such 
school  bonds  issued  exceed  in  the  aggregate,  including  existing 
indebtedness,  one  per  cent  of  the  valuation  of  taxable  property 
of  such  city  as  ascertained  by  the  last  assessment  for  state  and 
county  purposes  previous  to  incurring  the  proposed  indebted- 
ness. Any  member  of  a  board  of  education,  or  officer  thereof, 
who  shall  vote  for,  counsel,  consent  to  or  in  any  wise  assist 
in  the  issue  of  any  bond  or  bonds  in  excess  of  the  per  centum 
herein  authorized  shall  be  liable  jointly  and  severally  to  the 
holder  of  any  such  bonds  for  the  amount  due  thereon,  to  be 
recovered  in  a  civil  action  in  any  court  of  competent  jurisdic- 
tion; and  judgments  rendered  thereon  may  be  collected  and 
enforced  in  the  same  manner  as  other  judgments  are  collected 
and  enforced ;  provided,  that  in  cities  of  the  first  class  having 

22.    Laws  1891,  ch.  196,  sec.  2. 


58  CITIES   OF   FIRST   CLASS.  [CH.  5 

more  than  70,000  population  school  bonds  may  be  issued  to  the 
extent  of  not  more  than  one  and  five-tenths  per  cent  of  such 
value  of  taxable  property.  (Laws  1909,  ch.  62,  sec.  3.) 

SEC.  144.  Date,  Rate,  Time,  and  Signature.  [7559]  The 
bonds,  the  issuance  of  which  is  provided  for  in  this  act,  may, 
at  the  option  of  the  board,  be  installment  bonds.  All  bonds 
shall  be  dated  on  the  day  they  are  issued,  shall  bear  interest 
at  a  rate  not  exceeding  six  per  centum  per  annum,  payable 
semiannually  on  January  first  and  July  first,  and  shall  be  pay- 
able in  not  more  than  thirty  years.  They  shall  be  signed  by  the 
president  and  secretary,  attested  with  the  seal  of  the  board. 
The  coupons,  if  any  be  attached,  shall  be  signed  by  the  presi- 
dent of  the  board,  and  each  bond  so  issued  shall  not  be  for  a 
sum  less  than  fifty  dollars.  (Laws  1891,  ch.  196,  sec.  5.) 

SEC.    145.     Annual   Levy   for   Interest   and   Sinking-fund. 

[7560]  The  board  of  education  in  its  annual  estimate,  as 
provided  for  in  section  2  of  this  act,23  shall  include  an  amount 
sufficient  to  pay  the  interest  as  it  accrues  on  all  outstanding 
bonds  issued  by  the  board,  and  also  to  create  a  sinking-fund 
for  the  redemption  of  said  bonds,  and  shall  levy  and  cause  the 
same  to  be  collected  as  provided  for  in  said  section,  in  addi- 
tion to  the  levy  authorized  by  said  section  for  school  pur- 
poses; and  such  money  shall  remain  a  specific  fund  for  said 
purposes  only,  and  shall  not  be  appropriated  to  any  other 
purpose.  (Laws  1891,  ch.  196,  sec.  6.) 

SEC.  146.  Use  of  Sinking-fund.  [7580]  The  moneys  levied 
and  collected  for  creating  a  sinking-fund  for  the  redemption 
of  the  principal  of  the  bonds  issued  by  the  board  of  educa- 
tion shall  be  used  and  employed  or  invested  as  follows:  (1) 
After  retaining  an  amount  sufficient  to  pay  the  principal  of 
any  bonds  maturing  during  the  year,  the  board  shall,  with 
the  surplus  of  such  sinking-fund,  when  the  same  shall  be  $1000 
or  more,  purchase  any  of  the  outstanding  bonds  issued  by  the 
board.  Such  purchase  shall  be  made  at  the  lowest  price 
such  bonds  can  be  purchased  at,  but  at  not  more  than  par 
value  of  such  bonds;  and  whenever  there  shall  be  a  surplus 
of  such  sinking-fund  amounting  to  the  sum  of  $1000,  the 
board  shall  purchase  therewith  like  bonds,  on  the  same  terms 
and  conditions  hereinbefore  specified.  (2)  If  for  any  reason 
such  bonds  can  not  be  purchased  as  hereinbefore  specified, 
such  sinking-fund  shall  be  invested  by  the  treasurer,  under 
the  direction  of  the  board  of  education,  at  such  times  as  the 
board  shall  direct,  in  the  interest-bearing  bonds  of  the  United 
States  or  the  state  of  Kansas,  which  shall  be  purchased  at  the 
lowest  market  price.  Interest  accruing  upon  such  bonds  shall 
be  invested  in  the  same  manner  and  for  the  same  purpose  as 

23.    Section  126  of  this  book. 


CH,  5]  CITIES   OF   FIRST   CLASS.  59 

sinking-fund.  Such  bonds  shall  be  held  by  the  treasurer  until 
the  principal  of  the  bonds  issued  by  the  board  of  education 
shall  become  due,  and  shall  then  be  sold  at  the  highest  market 
price,  and  the  proceeds  applied  to  the  payment  of  the  bonds; 
provided,  that  if  at  any  time  the  board  shall  deem  it  best,  it 
shall  be  lawful  for  such  board  to  sell  such  bonds  for  the  pur- 
pose of  purchasing  the  bonds  issued  by  such  board;  but  all 
such  sales  shall  be  at  the  highest  market  price,  and  the  bonds 
of  the  board  purchased  with  the  proceeds  of  such  sale  shall  be 
purchased  at  the  lowest  price  they  can  be  obtained  for,  and  not 
above  the  par  value  of  such  bonds ;  provided,  that  no  bond  is- 
sued by  the  board  of  education  shall  be  purchased  by  said 
board  that  has  not  been  outstanding  five  years;  and  provided 
further,  that  the  bonds  first  maturing  shall  be  first  purchased, 
if  they  can  be  purchased  on  terms  as  favorable  to  the  board 
as  any  others  offered  for  sale  to  the  said  board.  All  bonds  of 
the  said  board  purchased  under  the  authority  hereby  given,  or 
paid  by  the  board,  shall  be  forthwith  canceled  and  destroyed, 
and  the  clerk  shall  enter  on  the  bond  register  of  the  said  board, 
on  the  margin  of  the  record  of  said  bonds,  the  date  when  the 
same  were  purchased  and  the  price  paid;  and  thereafter  no 
interest  or  sinking-fund  shall  be  levied  or  collected  for  or  on 
account  of  said  bonds  so  canceled.  Such  sinking-fund  shall 
never  be  used  nor  appropriated  in  any  other  manner  whatever. 
(Laws  1876,  ch.  122,  art.  10,  sec.  27.) 

SEC.  147.  Payment  of  Interest.  [7581]  Whenever  the  in- 
terest of  the  above-mentioned  bonds  shall  become  due,  the  same 
shall  be  paid  by  the  treasurer.  (Laws  1876,  ch.  122,  art.  10, 
sec.  28.) 

SEC.  148.  Security.  [7582]  The  credit  of  the  school  fund 
of  the  city  is  hereby  pledged  to  the  payment  of  the  interest 
and  principal  of  the  bonds  mentioned  in  this  article,  as  the 
same  may  become  due.  (Laws  1876,  ch.  122,  art.  10,  sec.  29.) 

SEC.  149.  Registry  of  Bonds.  [7583]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register,  in  a  book  pro- 
vided for  that  purpose,  the  bonds  issued  under  this  act,  which 
said  registry  shall  show  the  number,  date  and  amount,  and  to 
whom  is  made  payable,  each  of  said  bonds.  (Laws  1876,  ch. 
122,  art.  10,  sec.  30.) 

SEC.  150.  Refunding  of  Outstanding  Bonds.  [7586]  The 
board  of  education  of  any  city  of  the  first  class  is  hereby  au- 
thorized and  empowered  to  refund  any  and  all  outstanding 
bonds  heretofore  issued  by  order  of  said  board  by  issuing  new 
bonds  to  the  holder  of  such  outstanding  bonds ;  provided,  that 
such  new  bonds  shall  not  be  for  greater  amount  than  the  par 
value  of  the  bonds  refunded.  Such  refunding  bonds  shall 
severally  be  of  such  amount  as  said  board  shall  direct,  and 
shall  state  for  what  purpose  issued,  and  be  payable  to  the  per- 


60  CITIES  OF  FIRST  CLASS.  [CH.  5 

son  to  whom  issued  or  bearer  within  twenty  years  after  date, 
and  shall  bear  interest  at  the  rate  not  exceeding  five  per  cent 
per  annum,  payable  semiannually,  on  January  1  and  July  1,  as 
evidenced  by  coupons  attached.  All  bonds  refunded  under  the 
provisions  of  this  act  shall  be  noted  as  surrendered  and  can- 
celed on  the  registry  of  the  said  board  and  the  same  shall  be 
destroyed  in  the  presence  of  said  board.  (Laws  1903,  ch.  70, 
sec.  1.) 

SEC.  151.  Registration  and  Signature.  [7587]  The  bonds 
hereby  authorized  shall  be  numbered,  and  shall  be  registered 
in  the  book  kept  by  said  board  for  the  registry  of  its  bonds ; 
and  said  bonds  shall  be  signed  by  the  president  and  clerk  of 
said  board,  attested  with  the  seal  of  said  board  by  the  clerk, 
and  countersigned  by  the  treasurer  of  said  city.  (Laws  1879, 
ch.  81,  sec.  4.) 

SEC.  152.  Tax  Levy  to  Pay  Interest  and  Bonds.  [7588] 
The  board  of  education,  and  any  and  all  boards,  body,  or 
officers,  by  law  authorized  to  levy  and  collect  taxes  in  and  for 
said  city  for  the  support  of  schools  therein,  shall,  at  the  same 
time  and  in  the  same  manner  as  the  other  taxes  for  school 
purposes  are  levied  and  collected,  and  in  each  and  every  year 
until  said  bonds  and  interest  are  fully  paid,  as  hereinbefore 
provided,  levy  or  cause  to  be  levied  upon  all  the  property 
within  the  said  city  subject  to  taxation  for  school  purposes  a 
tax  or  taxes  sufficient  in  amount  to  pay  and  discharge  two  of 
the  coupons  of  each  of  the  bonds  issued  under  the  provisions 
of  this  act,  and  then  outstanding,  and  cause  the  same  to  be  col- 
lected in  the  same  manner  as  other  school  taxes  are  collected, 
and  with  the  money  so  collected  pay  and  discharge  the  coupons 
for  which  said  tax  or  taxes  were  levied.  And  it  shall  be  the 
duty  of  the  clerk  of  the  said  board  to  forthwith,  on  the 
payment  of  any  such  coupons,  note  their  payment  upon  the 
registry  of  said  bonds,  and  present  the  same  to  the  board,  and 
in  their  presence  cancel  the  same  in  such  manner  as  the  board 
shall  direct;  and  said  coupons  shall  be  carefully  preserved 
until  the  final  payment  of  said  bonds,  and  then  destroyed ;  and 
the  possession  of  such  coupons  by  the  board  shall  be  conclusive 
evidence  of  their  payment.  And  the  said  board  shall  issue  no 
bonds  thereafter,  except  the  refunding  bonds  provided  for  by 
this  act.  (Laws  1879,  ch.  81,  sec.  5.) 

SEC.  153.  Penalty  for  Failure  to  Levy  Tax  for  Payment  of 
Coupons.  [7589]  If  said  board  of  education,  or  other  board, 
body,  or  officer,  whose  duty  it  shall  be  to  levy  taxes  for  the 
payment  of  the  coupons  of  the  said  bonds,  as  herein  provided, 
shall  neglect  or  refuse  to  levy  the  tax  or  taxes  for  the  pay- 
ment of  the  coupons  as  by  this  act  required,  each  member  of 
such  board  or  body,  and  each  officer,  who  shall  vote  against  or 
otherwise  oppose  the  levy  and  collection  of  such  tax  or  taxes, 
or  shall  do  any  act  to  prevent  or  delay  such  levy  and  collection, 


CH.  5]  CITIES  OF  FIRST  CLASS.  61 

shall  be  liable,  jointly  and  severally,  to  each  and  every  holder 
of  such  bonds,  or  coupons  of  said  bonds,  which  would  have 
been  payable  from  such  taxes  if  the  same  had  been  levied,  for 
the  whole  amount  unpaid  on  such  coupons ;  and  the  same  may 
be  recovered  in  a  civil  action  in  any  court  of  competent  juris- 
diction, and  judgment  rendered  thereon  may  be  collected  and 
enforced  in  the  same  manner  as  other  judgments  are  collected 
and  enforced;  and  any  such  officer  so  neglecting  or  refusing 
to  levy  such  tax  shall  also  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  fined  in  an  amount  equal  to 
the  amount  which  it  may  be  shown  should  have  been  so  levied 
during  such  year,  or  imprisoned  in  the  county  jail  for  a  term 
not  less  than  three  nor  more  than  twelve  months.  (Laws  1879, 
ch.  81,  sec.  6.) 

SEC.  154.    Use  of  Money  Levied  and  Collected  under  this  Act. 

[7590]  Moneys  levied  and  collected  and  received  under  and 
pursuant  to  this  act  shall  not  be  used  or  employed  for  any 
other  purpose  than  the  payment  of  coupons  of  the  bonds  by 
this  act  authorized ;  and  any  member  of  said  board,  or  officer, 
who  shall  cause  such  money  so  collected  to  be  used  for  any 
other  purpose,  temporary  or  otherwise,  whatever,  or  counsel 
or  consent  to  the  same  being  so  used,  shall  be  liable  jointly 
and  severally  to  the  holder  of  any  such  bonds  or  coupons  for 
any  coupons  due,  to  be  recovered  and  collected  as  in  section  6 
hereof  specified.24  (Laws  1879,  ch.  81,  sec.  7.) 

SEC.  155.  Bonds  for  Outstanding  Warrants.  The  board  of 
education  of  any  city  of  the  first  class  haying  a  population  of 
less  than  16,000  is  hereby  authorized  to  issue  bonds  of  such 
board  of  education,  in  an  amount  not  to  exceed  the  total  amount 
due  on  warrants  of  said  board  of  education  outstanding  at  the 
time  this  law  takes  effect,  including  accrued  interest  thereon. 
The  proceeds  of  said  bonds  shall  be  used  for  the  payment  of 
the  amount  due  on  such  outstanding  warrants,  including  in- 
terest, and  for  no  other  purpose  whatsoever.  (Laws  1915,  ch. 
310,  sec.  1.) 

SEC.  156.  Denominations;  Payment.  Said  bonds  shall  be 
issued  in  denominations  of  not  less  than  one  hundred  dollars, 
and  shall  be  payable  not  more  than  twenty  years  from  the  date 
thereof,  and  shall  bear  interest  at  a  rate  not  to  exceed  five  per 
cent  per  annum,  payable  semiannually,  for  which  interest 
coupons  shall  be  attached  to  said  bonds.  The  board  of  educa- 
tion issuing  said  bonds  shall  by  resolution  determine  the  time 
or  times  when  said  bonds  shall  be  payable  and  the  denomina- 
tion or  denominations  thereof.  The  bonds  shall  be  signed  by 
the  president  and  the  clerk  of  the  board  of  education  issuing 
the  same,  and  the  coupons  shall  be  signed  in  the  same  way,  or 
have  printed  or  engraved  thereon  a  facsimile  of  said  signature. 
(Laws  1915,  ch.  310,  sec.  2.) 

24.    Section  153  of  this  book. 


62 


CITIES   OF   SECOND  CLASS. 


[Cn.  5 


SEC.  157.     Bonds  to  be  Sold  at  Par;  Warrants  Delivered. 

Said  bonds  shall  be  sold  under  the  direction  of  the  board  of 
education  issuing  the  same,  for  not  less  than  their  par  value, 
and  no  commission  shall  be  allowed  for  the  same.  No  bonds 
shall  be  delivered  to  any  purchaser  unless  the  board  of  educa- 
tion issuing  the  same  shall  receive  at  the  time  of  the  delivery 
thereof  the  outstanding  warrants  which  are  paid  by  the  pro- 
ceeds of  the  said  bonds.  (Laws  1915,  ch.  310,  sec.  3.) 

SEC.  158.  Tax  for  Interest  and  Sinking  Fund.  Each  board 
of  education  issuing  under  the  provisions  of  this  act  shall 
each  year  levy  a  tax  not  exceeding  two  mills  on  the  taxable 
property  of  said  city  and  the  territory  attached  thereto  for 
school  purposes  sufficient  to  pay  the  interest  accruing  thereon 
and  provide  a  sinking  fund  for  the  payment  of  the  principal  of 
said  bonds  as  it  may  deem  proper  from  said  tax.  (Laws  1915, 
ch.  310,  sec.  4.) 


ARTICLE  IV.— Cities  of  the  Second  Class. 


§159.  Cities  of  the  second  class  defined. 

160.  Free  schools. 

161.  Adjacent  territory. 

162.  Vote    of    residents    in    territory    at- 

tached. 

163.  Expense  of  school  elections. 

164!   City    of    third    class    changed   to    sec- 
ond class. 

165.  County    superintendent    may    detach 

territory. 

166.  Organization. 

167.  Body   corporate. 

168.  Conveyance  of  property. 

169.  Conveyance,  how  executed. 

170.  Powers  of  the  board. 
771.   Duty  of  the  president. 

172.  Duty  of  the  vice  president. 

173.  Bond  of  clerk. 

174.  Election  of  treasurer  of  the  board. 

175.  Duty  of  treasurer. 

176.  Annual  school  tax. 

177.  Limitation  of  levy;    indebtedness. 

178.  Limitation  of  levy  in  certain  cities. 

179.  Oath  of  office. 

180.  Taxable  property. 


§181.  Meetings  of  the  board. 

182.  Annual  report. 

183.  Expenditures   and  contracts. 

184.  Sectarian  doctrine. 

185.  Bonds. 

186.  Limit  of  bonds  in  certain  cities. 

187.  Bond   election. 

188.  Execution  of  bonds. 

189.  Annual  levy  for  interest  and  sinking 

fund. 

190.  Investment  of  sinking  fund. 

191.  Payment  of  interest. 

192.  Security. 

193.  Registry  of  bonds. 

194.  Levy   for  buildings. 

195.  Payment  by  warrants  or  bonds. 

196.  Expenditure     for     additional     school 

grounds. 

197.  Bonds     issued     to     pay     outstanding 

warrants. 

198.  Denominations;       payment;       signa- 

tures. 

199.  Sale  of  bonds. 

200.  Tax  for  interest  and  sinking  fund. 

201.  Validity  of  official  acts. 


SECTION  159.  Cities  of  the  Second  Class  Denned.  [7592] 
All  cities  now  organized  and  acting  as  cities  of  the  second  class, 
by  virtue  of  the  authority  of  former  acts,  and  all  cities  here- 
after attaining  a  population  over  2000  and  not  exceeding  15,000 
inhabitants,  shall  be  governed  by  the  provisions  of  this  act ; 
and  whenever  any  city  shall  have  hereafter  attained  a  popula- 
tion exceeding  2000  inhabitants,  and  such  fact  shall  have  been 
duly  ascertained  and  certified  by  the  proper  authorities  of  such 
city  to  the  governor,  he  shall  declare,  by  public  proclamation, 
such  city  subject  to  the  provisions  of  this  act.  The  mayor  and 
council  of  such  city  shall,  at  the  time  of  making  the  certificate 
herein  provided  for,  make  out  and  transmit  to  the  governor 
an  accurate  description  by  metes  and  bounds  of  all  the  lands 
included  within  the  limits  of  such  city,  and  the  additions 
thereto,  if  any.  (Laws  1876,  ch.  122,  art.  11,  sec.  1.) 


OH.  5]  CITIES   OF   SECOND  CLASS.  63 

SEC.  160.  Free  Schools.  [7593]  In  each  city  governed  by 
this  act  there  shall  be  established  and  maintained  a  system  of 
free  common  schools,  which  shall  be  kept  open  not  less  than 
three  nor  more  than  ten  months  in  any  one  year,  and  shall  be 
free  to  all  children  residing  in  such  city  between  the  ages  of 
five  and  twenty-one  years.  But  the  board  of  education  may, 
where  school-room  accommodations  are  insufficient,  exclude 
for  the  time  being  children  between  the  ages  of  five  and  seven 
years.  (Laws  1876,  ch.  122,  art.  11,  sec.  2.) 

SEC.  161.  Adjacent  Territory.  [7594]  Territory  outside 
the  city  limits,  but  adjacent  thereto,  may  be  attached  to  such 
city  for  school  purposes,  upon  application  to  the  board  of 
education  of  such  city  by  a  majority  of  the  electors  of  such 
adjacent  territory,  and  upon  the  application  being  made  to  the 
board  of  education  they  shall,  if  they  deem  it  proper,  and  to 
the  best  interests  of  the  schools  of  said  city  and  territory 
seeking  to  be  attached,  issue  an  order  attaching  such  territory 
to  such  city  for  school  purposes,  and  to  enter  the  same  upon 
their  journal;25  and  such  territory  shall  from  the  date  of  such 
order  be  and  compose  a  part  of  such  city  for  school  purposes 
only,  and  the  taxable  property  of  such  adjacent  territory  shall 
be  subject  to  taxation,  and  shall  bear  its  full  proportion  of  all 
expenses  incurred  in  the  erection  of  school  buildings  and  in 
maintaining  the  schools  of  the  city.  Whenever  the  territory 
so  attached  shall  have  attained  a  population  equal  to  one-half 
that  of  any  ward  of  such  city,  or  whenever  the  taxable  prop- 
erty of  such  attached  territory  shall  be  equal  to  one-half  that 
of  any  one  ward  of  such  city,  such  attached  territory  shall  be 
entitled  to  elect  two  members  of  the  board  of  education,  which 
said  members  shall  be  elected  at  the  same  time  and  in  the 
same  manner  as  other  members  of  such  board.  The  mayor 
and  council  and  city  clerk  of  such  city  shall  provide  for  elec- 
tions in  said  detached  territory,  and  shall  canvass  the  returns 
thereof  in  the  same  way  as  is  required  by  law  in  respect  to  a 
ward  of  such  city ;  provided,  that  the  board  of  education  shall 
pay  all  the  expenses  of  such  election.  But  until  such  attached 
territory  shall  be  declared  to  have  attained  a  population  or 
taxable  property  equal  to  one-half  that  of  any  one  ward  of 
such  city,  such  territory  shall  be  attached  to  the  several  wards 
of  such  city  contiguous  thereto  as  shall  be  determined  by  the 
board  of  education  of  any  such  city,  and  when  so  attached 
shall  remain  parts  of  such  city  for  school  purposes  only.  Any 
persons  residing  upon  such  attached  territory,  possessing  the 
qualifications  of  electors,  as  provided  in  section  5585  of  the 
General  Statutes  of  1889,  shall  be  qualified  to  vote  at  any  elec- 
tion held  in  any  such  city  for  school  purposes  only,  in  any  such 
ward  of  such  city  to  which  such  territory  shall  be  attached,  and 

25.  School  districts  may  be  attached  to  cities  of  the  second  class  in 
accordance  with  this  section.  See  also  section  306  of  this  book. 


64  CITIES   OF   SECOND  CLASS.  [CH.  5 

official  ballots  shall  be  printed  for  such  attached  territory  to 
such  wards  as  in  other  cases.  (Laws  1903,  ch.  234,  sec.  1.) 

SEC.  162.    Vote  of  Residents  in  Territory  Attached.    At  all 

elections,  or  primary  elections,  held  in  any  city  of  the  second 
class  for  the  election  or  nomination  of  members  of  the  board  of 
education  or  other  officers,  or  for  any  other  purpose,  all  persons 
entitled  to  vote,  residing  in  the  territory  attached  to  such  city 
for  school  purposes  and  outside  the  limits  of  the  city,  shall 
vote  at  a  place  within  the  city  to  be  designated  by  the  mayor  of 
such  city  at  the  same  time  and  in  the  same  manner  as  places 
of  election  in  the  several  wards  and  precincts  are  designated, 
and  said  place  of  election  shall  be  equipped  and  furnished  as 
provided  by  the  general  election  laws.  (Laws  1915,  ch.  307, 
sec.  1.) 

SEC.  163.  Expense  of  School  Elections.  The  expense  of  all 
elections  held  for  school  purposes  in  cities  of  the  second  class 
shall  be  paid  by  the  board  of  education  of  such  city,  except 
that  when  an  election  is  held  for  both  city  and  school  purposes 
at  the  same  time  then  the  expense  shall  be  paid  in  equal  parts 
by  the  city  and  board  of  education.  (Laws  1915,  ch.  307, 
sec.  2.) 

SEC.  164.     City  of  Third  Class  Changed  to  Second  Class. 

[7628]  That  whenever  any  city  of  the  third  class  shall  be- 
come a  city  of  the  second  class,  the  territory  of  the  school  dis- 
trict wherein  such  city  is  situated  shall  be  and  remain  attached 
to  such  city  for  school  purposes,  unless  detached  by  the  county 
superintendent  of  public  instruction,  as  provided  in  section  12 
of  chapter  152  of  the  Laws  of  1881.  All  the  property  in  such 
territory  shall  be  subject  to  like  taxation  for  school  purposes 
as  the  property  in  said  city.  Whenever  the  population  or  tax- 
able property  of  such  territory  outside  of  the  limits  of  such 
city  shall  equal  the  population  or  taxable  property  of  any  ward 
of  such  city,  such  territory  shall  be  entitled  to  elect  two  mem- 
bers of  the  board  of  education  of  such  city,  which  said  mem- 
bers shall  be  elected  at  the  same  time  and  in  like  manner  as 
other  members  of  such  board.  (Laws  1887,  ch.  218,  sec.  1.) 

SEC.  165.     County  Superintendents  May  Detach  Territory. 

[7430]  That  the  county  superintendents  of  public  instruction 
of  the  several  counties  of  the  state  of  Kansas  are  hereby  au- 
thorized and  empowered  to  detach  territory  from  the  school 
territory  of  cities  of  the  second  class,  if  said  territory  sought 
to  be  detached  is  outside  the  corporate  limits  of  said  city  of 
the  second  class,  notwithstanding  the  fact  that  said  territory 
forming  said  school  district  may  have  been  formed  into  a 
school  district  while  said  city  of  the  second  class  was  a  city  of 
the  third  class ;  provided,  the  interests  of  the  public  schools  of 
the  county  may  warrant  such  action ;  provided,  that  no  terri- 
tory shall  be  detached  unless  a  majority  of  the  citizens  living 


CH.  5]  CITIES   OF  SECOND  CLASS.  65 

in  such  territory  shall  consent  in  writing  to  the  same.  (Laws 
of  1891,  ch.  88,  sec.  1.) 

SEC.  166.  Organization.  That  section  1,  chapter  269,  of  the 
Session  Laws  of  1911  be  and  the  same  is  hereby  amended  to 
read  as  follows:  Section  1.  That  the  board  of  education  in 
cities  of  the  second  class,  at  the  regular  meeting  at  the  time 
provided  by  law  in  each  year,  shall  organize  by  the  election 
of  a  president  and  vice  president  from  its  members,  each  of 
whom  shall  serve  for  one  year,  and  until  his  successor  is  elected 
and  qualified ;  and  the  board  shall  elect  a  clerk  for  a  term  of 
one  year,  who  may  or  may  not  be  a  member  of  said  board,  and 
shall  receive  for  his  services  such  compensation  as  the  board 
may  allow.  (Laws  1913,  ch.  269,  sec.  1.) 

SEC.  167.  Body  Corporate.  [7595]  The  public  schools  of 
each  city  organized  in  pursuance  of  this  act  shall  be  a  body 
corporate,  and  shall  possess  the  usual  powers  of  a  corporation 
for  public  purposes,  by  the  name  and  style  of  "The  board  of 

education  of  the  city  of ,  of  the  state  of  Kansas*' ;  and  in 

that  name  may  sue  or  be  sued,  and  be  capable  of  contracting 
and  being  contracted  with,  of  holding  and  conveying  such  real 
and  personal  estate  as  it  may  come  into  possession  of,  by  will 
or  otherwise,  or  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  this  act.  (Laws  1876,  ch.  122,  art.  11,  sec.  4.) 

SEC.  168.  Conveyance  of  Property.  [7596]  Any  city  of 
the  second  class  is  hereby  authorized  and  required,  upon  the 
request  of  the  board  of  education  of  such  city,  to  convey  to 
said  board  of  education  all  property  within  the  limits  of  any 
such  city  heretofore  purchased  by  any  such  city  for  school 
purposes,  and  now  held  and  used  for  such  purposes,  the  title 
to  which  is  vested  in  any  such  city.  (Laws  1876,  ch.  122, 
art.  11,  sec.  5.) 

SEC.  169.  How  Executed.  [7597]  All  conveyances  for  the 
property  mentioned  in  the  preceding  section  [168]  shall  be 
signed  by  the  mayor  and  attested  by  the  clerk  of  said  city,  and 
shall  have  the  seal  of  the  city  affixed  thereto,  and  be  acknowl- 
edged by  the  mayor  of  such  city  in  the  same  manner  as  other 
conveyances  of  real  estate.  (Laws  1876,  ch.  122,  art.  11,  sec.  6.) 

SEC.  170.  Powers  of  the  Board.  [7600]  The  board  of  edu- 
cation shall  have  power  to  elect  their  own  officers,  except  the 
treasurer;  to  make  their  own  rules  and  regulations,  subject 
to  the  provisions  of  this  article;  to  organize  and  maintain  a 
system  of  graded  schools ;  to  establish  a  high  school  whenever 
in  their  opinion  the  educational  interests  of  the  city  demand  ;26 
and  to  exercise  the  sole  control  over  the  schools  and  school 

26.  For  provisions  for  manual  training  in  schools  in  cities  of  the 
second  class  see  section  468  of  this  book. 

—5 


66  CITIES   OF   SECOND  CLASS.  [CH.  5 

property  of  the  city  ;27  and  maintain  such  high  school,  in  whole 
or  in  part,  by  demanding,  collecting  and  receiving  a  tuition 
fee  for  and  from  each  and  every  scholar  or  pupil  attending 
such  high  school.28  (Laws  1889,  ch.  224,  sec.  1.) 

NOTE. — See  sections  102  to  108  for  the  election  and  organization  of 
boards  of  education  in  cities  of  the  second  class. 

SEC.  171.  Duty  of  the  President.  [7602]  It  shall  be  the 
duty  of  the  president  to  preside  at  all  the  meetings  of  the 
board  of  education,  to  appoint  all  committees  whose  appoint- 
ment is  not  otherwise  provided  for,  and  to  sign  all  warrants 
ordered  by  the  board  of  education  to  be  drawn  upon  the  treas- 
urer for  school  moneys.  (Laws  1876,  ch.  122,  art.  11,  sec.  11.) 

SEC.  172.  Duty  of  the  Vice  President.  [7603]  It  shall  be 
the  duty  of  the  vice  president  to  perform  all  the  duties  of  the 
president  in  case  of  his  absence  or  disability.  (Laws  1876, 
ch.  122,  art.  11,  sec.  12.) 

SEC.  173.  Bond  of  Clerk.  [7605]  Before  entering  upon  the 
discharge  of  his  duties,  the  clerk  of  the  board  of  education 
shall  give  bond  in  the  sum  of  $1000,  with  good  and  sufficient 
sureties,  to  be  approved  by  the  board,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office.  (Laws  1876, 
ch.  122,  art.  11,  sec.  14.) 

SEC.  174.  Election  of  Treasurer  of  the  Board.  [1353] 
There  shall  be  elected,  on  the  first  Tuesday  of  April  of  each 
odd-numbered  year,  a  mayor,  police  judge,  city  treasurer,  and 
treasurer  of  the  board  of  education,  together  with  councilmen 
and  members  of  the  board  of  education,  as  hereinafter  pro- 
vided. The  mayor  shall  appoint,  by  and  with  the  consent  of  the 
council,  a  city  marshal,  city  clerk,  city  attorney,  city  assessor, 
and  may  appoint  an  assistant  marshal,  city  engineer,  street 
commissioner,  and  such  policemen  and  other  officers  as  they 
may  deem  necessary.  Officers  so  appointed  and  confirmed  shall 
hold  their  offices  for  a  term  of  one  year  and  until  their  suc- 
cessors are  appointed  and  qualified;  the  council  shall  by  ordi- 
nance specify  their  duties  and  compensation,  and  by  ordi- 
nance abolish  any  office  created  by  them  whenever  they  may 
deem  it  expedient.  The  mayor,  councilmen,  members  of  the 
board  of  education,  city  treasurer,  police  judge  and  treasurer 
of  the  board  of  education  shall  hold  their  offices  for  a  term  of 
two  years,  and  all  other  officers  for  a  term  of  one  year;  pro- 
vided, at  the  first  annual  election  after  the  organization  of  any 
city  there  shall  be  two  councilmen  and  two  members  of  the 
board  of  education  elected  from  each  ward,  one  of  whom  shall 

27.  See  sections  111  and  304  of  this  book  for  power  to  condemn  school- 
house  sites. 

28.  It  is  unconstitutional  to  collect  tuition  from  pupils  of  the  school 
district  as  provided  in  section  170.     (See  Board  of  Education  v.  Dick, 
70  Kan.  434.) 


GH.  5]  CITIES  OF   SECOND  GLASS.  67 

serve  for  one  year  and  one  for  two  years,  and  one  councilman 
and  one  member  of  the  board  of  education  shall  be  elected  from 
each  ward  at  each  annual  election  thereafter;  provided,  that 
no  member  of  the  board  of  education  shall  be  a  member  of  the 
council,  nor  shall  any  member  of  the  council  be  a  member  of 
the  board  of  education;  provided  further,  that  any  person 
elected  to  the  office  of  justice  of  the  peace  may  also  be  elected 
to  and  hold  the  office  of  police  judge;  and  provided  further, 
that  in  cities  having  a  population  of  over  10,000  inhabitants 
the  board  of  education  shall  consist  of  six  members  only,  two 
of  whom  shall  be  elected  in  such  cities  on  the  first  Tuesday  of 
April  of  each  year.  There  shall  be  elected  in  such  cities,  on 
the  first  Tuesday  of  April,  1885,  six  members  of  the  board  of 
education,  two  of  whom  shall  serve  for  one  year,  two  for  two 
years,  and  two  for  three  years,  and  at  the  annual  election  every 
year  thereafter  two  members  of  the  board  of  education  shall 
be  elected  for  the  term  of  three  years.  (Laws  1907,  ch.  125, 
sec.  1.) 

NOTE. — The  provision  of  section  174  relating  to  the  election  of  mem- 
bers of  the  board  of  education  was  repealed  by  chapter  267,  Laws  of  1911. 
(Sections  102  to  104  of  this  book.) 

SEC.  175.  Duties  of  Treasurer.  [7606]  The  treasurer  shall 
prepare  and  submit  in  writing  a  monthly  report  of  the  state 
of  the  finances  of  the  district;  and  shall,  when  required,  pro- 
duce at  any  meeting  of  the  board,  or  any  committee  appointed 
for  the  purpose  of  examining  his  accounts,  all  books  and  papers 
pertaining  to  his  office ;  he  shall  pay  moneys  only  upon  a  war- 
rant signed  by  the  president,  or  in  his  absence  by  the  vice 
president,  and  countersigned  by  the  clerk ;  and  shall  execute  a 
bond  in  such  sum  as  the  board  may  require,  with  sufficient 
sureties,  to  be  approved  by  the  board,  conditioned  for  the  faith- 
ful discharge  of  his  duties  of  treasurer  to  such  board.  (Laws 
1876,  ch.  122,  art.  11,  sec.  15.) 

SEC.  176.  Annual  School  Tax.  [7608]  That  the  board  of 
education  in  cities  of  the  second  class  shall,  on  or  before  the 
15th  day  of  July  of  each  year,  levy  a  tax  for  the  support  of 
the  schools  of  the  city  for  the  fiscal  year  next  ensuing,  not  ex- 
ceeding in  any  one  year  twenty  mills29  on  the  dollar  on  all 
personal,  mixed  and  real  property  within  the  district  which  is 
taxable  according  to  the  laws  of  the  state  of  Kansas,  which 
levy  the  clerk  of  the  board  shall  on  or  before  August  1  certify 
to  the  county  clerk,  who  is  hereby  authorized  and  required  to 
place  the  same  on  the  tax-roll  of  said  county,  to  be  collected  by 
the  treasurer  of  the  county  as  are  other  taxes,  and  paid  over  by 
him  to  the  treasurer  of  the  board  of  education,  of  whom  he 
shall  take  a  receipt  in  duplicate,  one  of  which  he  shall  file  in 

29.  Limited  to  six  mills  by  Laws  1913,  ch.  326,  sec.  1  (section  177  of 
this  book).  (See,  also,  section  178  of  this  book.) 


68  CITIES  OF  SECOND  CLASS.  [CH.  5 

his  office  and  the  other  he  shall  forthwith  transmit  to  the  clerk 
of  the  board  of  education.     (Laws  1905,  ch.  399,  sec.  1.) 

SEC.  177.  Limitation  of  Levy;  Indebtedness.  That  section 
23  of  chapter  245,  Laws  of  1909,  being  section  9416  of  the  Gen- 
eral Statutes  of  1909,  is  hereby  amended  so  as  to  read  as  fol- 
lows :  Sec.  23.  The  authority  of  boards  of  education  in  cities 
of  the  second  class  to  levy  taxes,  as  provided  in  chapter  399, 
Laws  of  1905,  is  hereby  limited  so  that  the  board  of  education 
of  any  such  city  shall  not  fix  a  rate  of  levy  for  the  support  of 
the  schools  of  the  city  in  excess  of  six  mills ;  provided,  that  in 
cities  of  the  second  class  in  which  the  schools  have  a  floating 
indebtedness  of  ten  thousand  dollars  or  more,  the  board  of 
education  may  in  addition  to -said  levy  for  the  support  of  said 
schools  levy  not  in  excess  of  six  mills  for  the  payment  of  said 
indebtedness,  until  said  indebtedness  is  paid.  (Laws  1913, 
ch.  326,  sec.  1.) 

SEC.  178.  Limitation  of  Levy  in  Certain  Cities.  The  au- 
thority of  boards  of  education  in  cities  of  the  second  class  hav- 
ing an  assessed  valuation  of  less  than  one  million  dollars  to 
levy  taxes  as  provided  in  section  7608  of  the  General  Statutes 
of  1909  is  hereby  limited  so  that  the  board  of  education  of  any 
such  city  shall  not  fix  a  rate  of  levy  for  the  support  of  the 
schools  of  the  city  in  excess  of  nine  mills.  (Laws  1911,  ch. 
265,  sec.  1.) 

SEC.  179.  Taxable  Property.  [7609]  The  taxable  property 
of  the  whole  city,  including  the  territory  attached  for  school 
purposes,  shall  be  subject  to  taxation.  All  taxes  collected  for 
the  benefit  of  the  schools  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of 
the  board  of  education.  (Laws  1876,  ch.  122,  art.  11,  sec.  19.) 

SEC.  180.  Oath  of  Office.  [7622]  Each  member  of  the 
board  of  education  and  officer  provided  for  in  this  article  shall 
take  and  subscribe  an  oath  or  affirmation  to  support  the  con- 
stitution of  the  United  States,  the  constitution  of  the  state  of 
Kansas,  and  faithfully  perform  the  duties  of  his  office.  The 
oath  and  bond  of  the  clerk  shall  be  filed  with  the  treasurer.  All 
other  oaths  and  bonds  shall  be  filed  with  the  clerk.  (Laws 
1876,  ch.  122,  art.  11,  sec.  32.) 

SEC.  181.  Meetings  of  Board.  [7610]  The  regular  meet- 
ings of  the  board  of  education  shall  be  upon  the  first  Monday 
of  each  month,  but  special  meetings  may  be  held  from  time  to 
time,  as  circumstances  may  demand.  (Laws  1876,  ch.  122,  art. 
11,  sec.  20.) 

SEC.  182.  Annual  Report.  [7611]  The  board  of  education, 
at  the  close  of  each  school  year  or  as  soon  thereafter  as  prac- 
ticable, shall  make  an  annual  report  of  the  progress,  prosper- 
ity, and  condition,  financial  as  well  as  educational,  of  all  the 


CH.  5]  CITIES  OF   SECOND  CLASS.  69 

schools  under  their  charge ;  and  said  report,  or  such  portion  of 
it  as  the  board  of  education  shall  consider  of  advantage  to  the 
public,  shall  be  printed  either  in  a  public  newspaper  or  in 
pamphlet  form.  (Laws  of  1876,  ch.  122,  art.  11,  sec.  21.) 

SEC.  183.  Expenditures  and  Contracts.  [7612]  No  expend- 
itures involving  an  amount  greater  than  $200  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract, 
and  no  contract  involving  an  expenditure  of  more  than  $500 
for  the  purpose  of  erecting  any  public  buildings  or  making 
any  improvements  shall  be  made  except  upon  sealed  proposals, 
and  to  the  lowest  responsible  bidder.30  (Laws  1876,  ch.  122, 
art.  11,  sec.  22.) 

SEC.  184.  Sectarian  Doctrine.  [7613]  No  sectarian  doc- 
trine shall  be  taught  or  inculcated  in  any  of  the  public  schools 
of  the  city ;  but  the  Holy  Scriptures,  without  note  or  comment, 
may  be  used  therein.  (Laws  1876,  ch.  122,  art.  11,  sec.  23.) 

SEC.  185.  Bonds.  That  section  1  of  chapter  260  of  the  Ses- 
sion Laws  of  Kansas  for  1911  and  the  same  is  hereby  amended 
to  read  as  follows:  Sec.  1.  That  whenever  it  shall  become 
necessary  for  the  board  of  education  of  any  city  of  the  second 
class  to  provide  funds  for  the  purchase  of  a  school  site  or 
sites,  or  to  erect  a  suitable  building  or  buildings  thereon,  or  to 
fund  any  bonded  indebtedness  or  any  floating  indebtedness 
which  may  at  the  present  exist  in  the  public  schools  of  said 
cities  of  the  second  class,  it  shall  be  lawful  for  the  board  of 
education  of  any  such  city  of  the  second  class,  to  borrow  money, 
for  such  purposes ;  and  for  such  purpose  or  purposes  the  said 
board  of  education  is  hereby  authorized  and  empowered  to 
issue  bonds  bearing  a  rate  of  interest  not  exceeding  five  per 
cent  per  annum,  payable  annually  or  semiannually  at  such 
time  and  place  as  may  be  mentioned  on  the  face  of  the  bonds, 
which  shall  be  payable  in  not  more  than  twenty  years  from 
their  date,  and  the  board  of  education  is  hereby  authorized  and 
empowered  to  sell  such  bonds  at  not  less  than  their  par  value ; 
provided  that  no  such  bonds  except  refunding  bonds  shall  be 
issued  until  the  question  of  issuing  the  same  shall  be  sub- 
mitted to  a  vote  of  the  people,  and  a  majority  of  the  qualified 
electors,  male  and  female,  who  shall  vote  on  the  question  at 
any  election  called  for  that  purpose  shall  have  declared  by 
their  votes  in  favor  of  issuing  bonds;  provided  further,  that 
the  total  indebtedness  of  the  said  board  of  education  shall  not 
thereby  be  increased  to  an  amount  exceeding  two  and  one- 
fourth  per  cent  of  the  authorized  valuation  of  the  territory 
within  the  jurisdiction  of  said  board  of  education;  provided 
further,  that  the  board  of  education  of  cities  of  the  second 

30.  A  member  of  the  board  can  not  legally  enter  into  contract  with 
the  board  to  furnish  supplies  for  the  schools  under  said  board's  control 
nor  to  perform  any  service  for  said  board  for  which  said  member  draws 
pay.  (See  section  377  of  this  book.) 


70  CITIES  OP  SECOND  CLASS.  [CH.  5 

class  may  issue  bonds  at  any  time  without  such  election  to  pay 
outstanding  warrants  or  floating  indebtedness  which  may  ex- 
ist at  the  passage  of  this  act;  and  such  board  of  education  may 
issue  at  any  time  a  bond  for  a  sum  not  greater  than  ten  hun- 
dred dollars  to  raise  money  to  pay  for  needful  repairs  on 
school  buildings  or  heating  plants  for  the  public  school  build- 
ings, if  the  state  school  superintendent  shall  approve  in  writing 
such  issue  of  bonds  for  floating  indebtedness  and  for  the  pur- 
poses in  the  above  proviso;  provided,  it  shall  not  at  any  time 
exceed  an  aggregate  amount  of  the  sum  of  five  thousand  dol- 
lars ;  provided  further,  that  the  right  granted  herein  to  boards 
of  education  to  issue  bonds  without  such  election  shall  not  be 
construed  to  authorize  an  issue  of  bonds  which,  with  those  of 
the  same  kind  already  outstanding,  shall  exceed  one-half  of  one 
per  cent  of  the  assessment  for  taxation,  as  shown  by  the  last 
finding  and  determination  of  the  proper  board  of  education. 
(Laws  1913,  ch.  270,  sec.  1.) 

SEC.  186.  Limit  of  Bonds  in  Certain  Cities.  That  any  school 
district  within  whose  limits  is  located  a  city  of  the  second 
class  with  a  population  of  not  less  than  2000  nor  more  than 
2500  and  that  has  an  assessed  valuation  of  not  less  than 
$2,000,000  nor  more  than  $2,500,000,  and  that  has  a  school 
population  of  not  less  than  725  nor  more  than  800,  and  has  in 
its  treasury  a  sum  of  not  less  than  $3000,  and  the  board  of 
education  for  said  district  shall  by  vote  request  the  mayor  of 
said  city  to  submit  to  the  qualified  electors  of  said  district  the 
question  of  voting  bonds  for  2^  per  cent  of  the  total  valuation 
for  the  erection  of  school  buildings,  said  proposition  shall  be 
submitted  to  the  electors  of  said  district  in  the  manner  pro- 
vided by  law,  and  if  a  majority  of  the  electors  of  said  district 
voting  on  said  proposition  shall  vote  for  said  bond  issue,  the 
board  of  education  of  said  district  shall  issue  bonds  of  the  dis- 
trict in  the  manner  provided  by  law,  in  an  amount  not  in  excess 
of  2^  per  cent  of  the  total  taxable  valuation  of  said  district  for 
the  purpose  of  building  and  equipping  school  buildings  within 
said  district.  (Laws  1915,  ch.  306,  sec.  1.) 

SEC.  187.  Bond  Election.  [7615]  It  shall  be  the  duty  of 
the  mayor  of  each  city  governed  by  this  act,  upon  the  request 
of  the  board  of  education,  forthwith  to  call  an  election,  to  be 
conducted  in  all  respects  as  are  the  elections  for  city  officers  in 
the  same  cities,  except  that  the  returns  shall  be  made  to  the 
board  of  education,  for  the  purpose  of  taking  the  sense  of  such 
district  upon  the  question  of  issuing  such  bonds,  naming  in 
the  proclamation  of  such  election  the  amount  of  bonds  asked 
for,  and  the  purpose  for  which  they  are  to  be  issued.  (Laws 
1876,  ch.  122,  art.  11,  sec.  25.) 

SEC.  188.  Execution  of  Bonds.  [7616]  The  bonds,  the  is- 
suance of  which  is  provided  for  in  the  foregoing  section,31 

31.    Section  187  of  this  book. 


CH.  5]  CITIES   OF   SECOND  CLASS.  71 

shall  be  signed  by  the  president,  attested  by  the  clerk  and 
countersigned  by  the  treasurer  of  the  board  of  education ;  and 
said  bonds  shall  specify  the  rate  of  interest  and  the  time  when 
principal  and  interest  shall  be  paid,  and  each  bond  so  issued 
shall  be  for  a  sum  not  less  than  fifty  dollars.  (Laws  1876, 
ch.  122,  art.  11,  sec.  26.) 

SEC.    189.     Annual   Levy   for   Interest   and   Sinking-fund. 

[7617]  The  board  of  education,  at  the  time  of  its  annual  levy 
of  taxes  for  the  support  of  schools  as  hereinbefore  provided, 
shall  also  levy  a  sufficient  amount  to  pay  the  interest  as  the 
same  accrues  on  all  bonds  issued  under  the  provisions  of  this 
article,  and  also  to  create  a  sinking-fund  for  the  redemption 
of  said  bonds,  which  it  shall  levy  and  collect,  in  addition  to  the 
rate  per  cent  authorized  by  the  provisions  aforesaid  for  school 
purposes ;  and  said  amount  of  funds,  when  paid  into  the  treas- 
ury, shall  be  and  remain  a  specific  fund  for  said  purpose  only, 
and  shall  not  be  appropriated  in  any  other  way  except  as  here- 
inafter provided.  (Laws  1876,  ch.  122,  art.  11,  sec.  27.) 

SEC.  190.  Investment  of  Sinking-fund.  [7618]  All  moneys 
raised  for  the  purpose  of  creating  a  sinking-fund  for  the  final 
redemption  of  all  bonds  issued  under  this  article  shall  be  in- 
vested annually  by  the  board  of  education  in  the  bonds  of  the 
state  of  Kansas,  or  of  the  United  States,  or  the  board  may  buy 
and  cancel  the  bonds  of  the  district  whenever  such  may  be  pur- 
chased at  or  below  par.  (Laws  1876,  ch.  122,  art.  11,  sec.  28.) 

SEC.  191.  Payment  of  Interest.  [7619]  Whenever  the  in- 
terest coupons  of  the  bonds  hereinbefore  authorized  shall  be- 
come due,  they  shall  be  promptly  paid,  on  presentation,  by  the 
treasurer,  out  of  money  in  his  hands  collected  for  that  pur- 
pose ;  and  he  shall  indorse  upon  the  face  of  such  coupons  in  red 
ink  the  word  "Paid,"  and  the  date  of  payment,  and  sign  the 
initials  of  his  name.  (Laws  1876,  ch.  122,  art.  11,  sec.  29.) 

SEC.  192.  Security.  [7620]  The  school  fund  and  property 
of  such  city  and  territory  attached  for  school  purposes  are 
hereby  pledged  to  the  payment  of  the  interest  and  principal  of 
the  bonds  mentioned  in  this  article,  as  the  same  may  become 
due.  (Laws  1876,  ch.  122,  art.  11,  sec.  30.) 

SEC.  193.  Bonds  Registered.  [7621]  It  shall  be  the  duty  of 
the  clerk  of  the  board  of  education  to  register  in  a  book  pro- 
vided for  that  purpose  the  bonds  issued  under  this  article,  and 
all  warrants  issued  by  the  board,  which  said  register  shall 
show  the  number,  date  and  amount  of  said  bonds,  and  to  whom 
made  payable.  (Laws  1876,  ch.  122,  art.  11,  sec.  31.) 

SEC.  194.  Levy  for  Buildings.  The  board  of  education  of  all 
cities  of  the  second  class,  having  a  population  of  over  thirty- 
five  hundred  and  less  than  fifteen  thousand  population,  are 
hereby  authorized  to  locate  and  build  schoolhouses  or  additions 
thereto  within  the  district.  Before  any  contract  is  let,  the 


72  CITIES   OF   SECOND  CLASS.  [CH.  5 

board  of  education  shall  record  upon  the  journal  of  its  pro- 
ceedings a  finding  that  the  erection  of  such  schoolhouse,  school- 
houses,  or  such  addition  or  additions  thereto,  is  a  public 
necessity  for  the  accommodation  of  its  schools  and  shall  cer- 
tify to  the  county  clerk  of  the  county  an  annual  levy  for  a 
period  of  not  more  than  four  years,  said  levy  not  to  exceed 
two  mills  upon  the  dollar  of  all  taxable  property  in  the  school 
district,  including  attached  territory,  if  any,  which  taxes  may 
be  levied  in  addition  to'  all  taxes  now  levied  under  the  law,  and 
shall  be  levied,  entered  upon  the  tax  roll,  and  collected  in  the 
same  manner  as  other  taxes ;  provided,  that  the  question  shall 
have  been  submitted  to  the  qualified  electors  of  the  district, 
and  a  majority  of  all  the  qualified  electors  voting  upon  the 
proposition  shall  have  declared  by  their  ballots  in  favor 
thereof.  (Laws  1913,  ch.  120,  sec.  1.) 

SEC.  195.  Payment  by  Warrants  or  Bonds.  The  board  of 
education  may  divide  the  cost  of  said  structure,  structures,  or 
additions,  into  equal  installments  and,  in  its  discretion,  pro- 
vide for  the  payment  of  any  one  of  them,  either  by  an  annual 
levy  of  not  to  exceed  two  mills  on  the  dollar,  or  by  time  war- 
rants or  bonds  of  the  school  district,  signed  by  the  president 
and  clerk,  and  countersigned  by  the  treasurer  of  the  district, 
in  denominations  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  each  bearing  interest  not  to 
exceed  five  per  cent.  Said  time  warrants  or  bonds  shall  not 
be  sold  below  par,  and  shall  mature  not  later  than  the  close  of 
the  period  of  four  years  or  less  in  which  the  required  amount 
might  have  been  raised  by  the  annual  levy  as  hereinbefore 
provided,  and  a  sufficient  levy,  not  to  exceed  two  mills,  shall  be 
certified  and  made  in  each  year  to  pay  said  warrants  or  bonds 
and  all  accruing  interest  thereon.  No  one  school  building  or 
addition  to  school  building  built  under  this  act  shall  cost  more 
than  seventy  thousand  dollars.  (Laws  1913,  ch.  120,  sec.  2.) 

SEC.  196.  Expenditure  for  Additional  School  Grounds.  The 
board  of  education  may  expend  a  sum  not  to  exceed  two  thou- 
sand dollars  to  buy  additional  school  grounds.  (Laws  1913, 
ch.  120,  sec.  3.) 

SEC.  197.    Bonds  Issued  to  Pay  Outstanding  Warrants.    The 

board  of  education  of  any  city  of  the  second  class  is  hereby 
authorized  to  issue  bonds  of  such  board  of  education,  in  an 
amount  not  to  exceed  the  total  amount  due  on  warrants  of  said 
board  of  education  outstanding  at  the  time  this  law  takes  effect, 
including  accrued  interest  thereon.  The  proceeds  derived  from 
the  sale  of  said  bonds  shall  be  used  for  the  payment  of  the 
amount  due  on  such  outstanding  warrants,  including  interest, 
and  for  no  other  purpose  whatsoever.  (Laws  1911,  ch.  105, 
sec.  1.) 

SEC.  198.  Denominations;  Payment;  Signatures.  Said 
bonds  shall  be  issued  in  denominations  of  not  less  than  $100, 


CH.  5]  CITIES   OF  THIRD  CLASS.  73 

and  shall  be  payable  not  more  than  twenty  years  from  the  date 
thereof,  and  shall  bear  interest  at  a  rate  not  to  exceed  five  per 
cent  per  annum,  payable  semi-annually,  for  which  interest 
coupons  shall  be  attached  to  said  bonds.  The  board  of  educa- 
tion issuing  said  bonds  shall  by  resolution  determine  the  time 
or  times  when  said  bonds  shall  be  payable  and  the  denomina- 
tion or  denominations  thereof.  The  bonds  shall  be  signed  by 
the  president  and  clerk  of  the  board  of  education  issuing  the 
same,  and  the  coupons  shall  be  signed  in  the  same  way,  or  have 
printed  or  engraved  thereon  a  facsimile  of  said  signature. 
(Laws  1911,  ch.  105,  sec.  2.) 

SEC.  199.  Sale  of  Bonds.  Said  bonds  shall  be  sold  under  the 
direction  of  the  board  of  education  issuing  the  same,  for  not 
less  than  their  par  value,  and  no  commission  shall  be  allowed 
for  the  same.  No  bonds  shall  be  delivered  to  any  purchaser 
unless  the  board  of  education  issuing  the  same  shall  receive  at 
the  time  of  the  delivery  thereof  the  outstanding  warrants 
which  are  paid  by  the  proceeds  of  said  bonds.  (Laws  1911, 
ch.  105,  sec.  3.) 

SEC.  200.  Tax  for  Interest  and  Sinking-fund.  Each  board 
of  education  issuing  bonds  under  the  provisions  of  this  act 
shall  each  year  levy  a  tax  on  the  taxable  property  of  said  city 
and  the  territory  attached  thereto  for  school  purposes  sufficient 
to  pay  the  interest  accruing  thereon,  and  shall  also  make  such 
provision  for  a  sinking-fund  as  it  may  deem  proper.  (Laws 
1911,  ch.  105,  sec.  4.) 

SEC.  201.  Validity  of  Official  Acts.  [7627]  That  in  cases 
wherein,  in  cities  of  the  second  class  of  over  10,000  inhab- 
itants, the  boards  of  education  have  heretofore  consisted  of  but 
six  members,  the  official  acts  and  proceedings  of  such  boards 
heretofore  had  and  taken,  and  contracts  made  and  entered  into 
and  obligations  incurred  by  such  boards  of  education  in  pur- 
suance of  the  laws  of  Kansas  governing  boards  of  education  in 
such  cities,  be  and  the  same  are  hereby  ratified  and  confirmed, 
and  declared  to  be  of  the  same  validity,  force  and  effect  as 
though  said  boards  of  education  had  consisted  of  two  members 
from  each  of  the  wards  of  such  cities.  (Laws  1907,  ch.  243, 
sec.  1.) 

NOTE. — For  the  election  of  members  of  the  board  of  education  in  cities 
of  the  first  and  second  class  see  section  102  of  this  book. 

ARTICLE  V.— Cities  of  the  Third  Class. 

§202.  Cities    of    the    third    class    defined;    I    §203.  No  portion  of  city  shall  be  detached 
government  of  public  schools.  from  school  district. 

SECTION  202.  Defined.  [7629]  Public  schools  in  incorpo- 
rated cities  which  have  not  less  than  250  and  not  over  2000 
inhabitants,  if  not  otherwise  provided  for  by  law,  shall  be  gov- 
erned by  the  provisions  of  this  act  which  apply  to  the  organiza- 


74  CITIES   OF   THIRD  CLASS.  [QH.  5 

tion  and  maintenance  of  district  schools32  or  of  union  or 
graded32  schools.     (Laws  1876,  ch.  122,  art.  12,  sec.  1.) 

SEC.  203.  No  Portion  of  City  Shall  be  Detached.  [7630] 
That  no  portion  of  the  corporation  of  a  city  of  the  third  class 
shall  be  detached  from  the  school  district  in  which  the  city  is 
located,  and  the  whole  of  such  corporation  shall  be  and  remain 
in  one  school  district  for  the  purpose  of  schools  and  taxation.33 
(Laws  1876,  ch.  122,  art.  12,  sec.  2.) 

32.  See  chapter  X. 

33.  See  section  7628,  General   Statutes  of  1909   section  164  of  this 
book,  for  the  attachment  of  territory  where  a  city  of  the  third  class  has 
become  a  city  of  the  second  class. 


CH.  6]  COMPtJLSO&Y  "SDUGAttON.  75 


CHAPTER  VI.— Compulsory  Education. 

§204.  Who  must  attend  school;  liability  of    j    §209.   Annual  school  census. 

parents   and   guardians.  210.   Deaf,   mute   and  blind  must  be  edu- 


205.  Truant   officers;    appointment;    duty. 

206.  Incorrigible   pupils. 

207.  Compensation  of  truant  officers. 


cated. 

211.  Penalty. 

212.  Education  of  children  in  asylums. 


208.  Teachers  and  school  officers  to  report. 

SECTION  204.  Who  Must  Attend  School;  Liability  of  Parents 
and  Guardians.  [7736]  Every  parent,  guardian  or  other  per- 
son in  the  state  of  Kansas  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  eight  and  fifteen  years,34 
inclusive,  shall  be  required  to  send  such  child  or  children  to  a 
public  school,  or  a  private,  denominational  or  parochial  school35 
taught  by  a  competent35  instructor,  each  school  year,  for  such 
period  as  said  school  is  in  session;  provided,  that  any  child 
of  the  age  of  fourteen  years  or  more  who  is  able  to  read  and 
write  the  English  language,36  and  who  is  actively  and  regu- 
larly employed36  for  his  own  support  or  for  the  support  of 
those  dependent  upon  him,  shall  not  be  required  to  attend  the 
aforesaid  schools  for  a  longer  period  or  term  than  eight  con- 
secutive weeks  in  any  one  year;  provided,  that  any  and  all 
children  that  have  received  a  certificate  of  graduation  from 
the  common  schools  of  any  county  or  certificate  of  admission 
to  a  high  school  in  any  city  in  the  state  of  Kansas  shall  be 
exempt  from  the  provisions  of  this  act;  provided,  that  the 
children  who  are  physically  or  mentally  incapacitated  for  the 
work  of  common  schools  are  exempt  from  the  provisions  of 
this  act,  but  the  school  authorities  shall  have  the  right,37  and 
they  are  hereby  authorized,  when  such  exemption  under  the 
provisions  of  this  act  is  claimed  by  any  parent,  guardian  or 
other  person  in  the  control  or  charge  of  such  child  or  children, 
to  cause  an  examination  of  such  child  or  children  by  a  physi- 
cian or  physicians  employed  for  such  purpose  by  such  authori- 

34.  The  ages  are  from  the  time  the  child  becomes  eight  years  old  until 
it  becomes  fifteen  years  old. 

35.  The  parent  or  guardian  may  determine  the  particular  kind  of  a 
school  which  the  child  shall  attend.    Attendance  at  a  night  school  does  not 
afford  sufficient  time  to  become  a  substitute  for  attendance  upon  a  day 
school.    This  state  requires  that  instructors  in  such  schools  be  competent; 
a  teacher  may  be  competent  without  being  the  holder  of  a  teacher's  cer- 
tificate.   For  exclusion  on  account  of  a  contagious  disease,  see  section  326. 

36.  He  must  be  able  to  read  and  write  the  English  language,  and  also 
be  actively  and  regularly  employed  as  stated  in  the  law. 

37.  It  is  entirely  within  the  province  of  school  authorities  to  determine 
the  validity  of  the  claim  for  exemption. 


76  COMPULSORY  EDUCATION.  [CH.  6 

ties,38  and  if  such  physician  or  physicians  hold  that  such  child 
or  children  are  capable  of  doing  the  work  in  the  common 
schools,  then  such  child  or  children  shall  not  be  exempt  from 
the  provisions  of  this  act.  (Laws  1903,  ch.  423,  sec.  1.) 

SEC.  205.  Truant  Officers;  Appointment;  Duty.  [7737] 
The  county  superintendents  of  public  instruction  shall  divide 
their  respective  counties,  exclusive  of  all  cities  of  the  first 
and  second  class  therein,  into  not  less  than  one  nor  more  than 
five  truant  districts,  and  the  board  of  county  commissioners 
shall,  upon  the  nomination  of  the  county  superintendents  of 
public  instruction  of  their  respective  counties,  appoint  a 
truant  officer  for  each  district  thus  created,  who  shall  hold  his 
office  at  the  will  of  the  county  superintendent  of  public  in- 
struction ;  and  the  boards  of  education  of  all  cities  of  the  first 
and  second  class,  respectively,  shall,  independently  and  orig- 
inally, appoint  the  truant  officers  or  officer  of  their  respective 
cities,  to  serve  at  the  pleasure  of  the  appointing  board.  Each 
truant  officer,  in  his  respective  district,  shall  see  that  the  pro- 
visions of  this  act  are  complied  with,39  and  when  from  per- 
sonal knowledge,  or  by  report,  or  complaint  of  any  resident  or 
teacher  of  the  district  under  his  supervision,  or  from  any  in- 
formation, he  believes  that  any  child  subject  to  the  provisions 
of  this  act  is  habitually  absent  from  any  school  which  it  should 
or  has  been  accustomed  to  attend,  or  has  been  assigned  to 
attend  by  order  of  the  directors  of  any  country  district,  or  by 
the  classification,  transfer,  or  order  of  the  board  of  education 
or  superintendent  of  schools  of  any  city  of  the  first  or  second 
class,  for  a  period  of  three  or  more  consecutive  days,  unless 
excused  under  the  provisions  of  section  1  of  this  act,  he  shall 
immediately  give  written  notice40  to  the  parent,  guardian  or 
other  person  having  control  or  charge  of  such  child,  or,  in  the 
absence  of  such  parent,  guardian  or  other  person  having  con- 
trol or  charge  from  his  or  her  usual  place  of  residence,  shall 
leave  a  copy  of  such  notice  with  some  person  over  twelve  years 
of  age  residing  at  the  said  usual  place  of  residence,  with  in- 
structions to  hand  said  notice  to  said  parent,  guardian  or 
other  person  having  control  or  charge  of  such  child,  which 
notice  shall  require  the  attendance  of  said  child  at  said  school 
within  five  days  from  date  of  same;  and  if  within  five  days 
from  the  date  of  said  notice  such  parent,  guardian  or  other 
person  having  control  or  charge  of  such  child  does  not  comply 
with  the  provisions  of  this  act,  then  such  truant  officer  shall 

38.  The  school  boards  should  pay  the  expense  of  the  examination  by 
the  physician. 

39.  The  truant  officer  appointed  by  the  county  commissioners  is  under 
the  direction  and  supervision  of  the  county  superintendent. 

40.  Formal  written  notice  is  required,  and  the  notice  is  final  for  the 
term.    Notice  by  registered  letter  where  delivery  is  prompt,  or  by  special 
delivery  where  it  can  be  used,  is  a  legal  notice  if  delivery  can  be  proved. 


CH.  6]  COMPULSORY  EDUCATION.  77 

make  complaint  in  the  name  of  the  state  of  Kansas  against 
such  parent,  guardian  or  other  person  having  control  or 
charge  of  such  child  in  the  juvenile  court  or  other  court  of 
competent  jurisdiction  of  such  county,  which  court  is  hereby 
clothed  with  jurisdiction  over  all  offenders  and  proceedings 
under  this  act,  with  full  power  to  try  and  hear  all  complaints, 
impose  fines,  enforce  their  collection  by  distress  or  imprison- 
ment, and  to  fully  execute  the  provisions  of  this  act.  It  shall 
be  unlawful  for  any  merchant,  company,  or  other  party,  with- 
out the  written  permit  of  the  board  of  directors  of  any  country 
district,  or  of  the  board  of  education  of  any  city  of  the  first  or 
second  class,  to  employ  any  child  therein,  between  the  ages  of 
eight  and  fifteen  years,  during  the  sessions  of  the  school  term 
or  year,  unless  such  child  is  exempt  from  attendance  under  the 
provisions  of  section  1 ;  provided,  that  the  board  of  directors 
of  any  country  district  or  the  board  of  education  of  any  city 
of  the  first  or  second  class  shall  have  authority,  in  the  exercise 
of  a  sound  discretion,  to  permit  temporary  absences  of  chil- 
dren from  school,  between  the  ages  of  eight  and  fourteen 
years,  in  extreme  cases  of  emergency  or  domestic  necessity. 
Any  parent,  guardian  or  other  person  having  control  or  charge 
of  such  child  delinquent  in  school  attendance,  and  any  mer- 
chant, company  or  other  party  unlawfully  employing  such 
child,  upon  conviction  of  the  violation  of  any  provision  of  this 
act,  or  of  the  act  of  which  this  is  amendatory,  shall  be  ad- 
judged guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars  for 
each  offense,  and  be  committed  to  the  county  jail  till  same  is 
paid;  all  fines  collected  shall  be  paid  into  the  county  treasury 
for  the  support  of  the  common  schools.  It  shall  be  the  duty 
of  all  county  attorneys,  for  country  districts,  in  their  respec- 
tive counties,  and  of  all  city  attorneys,  in  their  respective 
cities,  to  prosecute  all  complaints  filed  and  actions  brought 
under  this  act  or  under  the  provisions  of  the  act  of  which  this 
is  amendatory.  (Laws  1907,  ch.  317,  sec.  1.) 

SEC.  206.  Incorrigible  Pupils.  [7738]  In  case  any  pupil 
becomes  an  habitual  truant,  or  becomes  a  menace  to  the  best 
interests  of  the  school  which  he  is  attending,41  then  it  shall  be 
the  duty  of  the  truant  officer  to  report  said  facts  and  conditions 
to  the  parents  or  guardian  of  said  child.  The  parent  shall  be 
held  liable  under  the  provisions  of  this  act  for  the  regular  at- 
tendance and  good  conduct  of  said  child,  unless  said  parent  or 
guardian  shall  state  in  writing  to  said  truant  officer  that  said 
child  is  beyond  the  control  of  said  parent  or  guardian.  Then 
it  shall  be  the  duty  of  the  truant  officer  to  proceed  against  said 
pupil  under  the  provisions  of  the  law  governing  juvenile  dis- 
orderly persons.  Cities  of  the  first  and  second  class  will  each 

41.  Repeated  and  willful  disobedience  of  the  rules  of  school  is  a 
menace  to  the  best  interests  of  the  school. 


78  COMPULSORY   EDUCATION.  [CH.  6 

constitute  a  separate  district  for  the  administration  of  this 
act,  and  the  truant  officer  or  officers  of  such  cities  shall  be 
appointed  by  the  respective  boards  of  education  of  said  cities; 
provided,  that  there  shall  be  in  such  cities  but  one  truant  of- 
ficer for  each  10,000  children,  according  to  the  school  enumera- 
tion; provided  further,  that  no  city  shall  have  more  than  five 
truant  officers.  The  truant  officers42  of  cities  shall  enforce 
the  provisions  of  this  act  in  the  manner  and  under  such  penal- 
ties as  are  prescribed  by  section  243  of  this  act.  (Laws  1903, 
ch.  423,  sec.  3.) 

SEC.  207.  Compensation  of  Truant  Officers.  [7739]  The 
truant  officers  provided  for  in  this  act  who  are  appointed  by 
the  board  of  county  commissioners  shall  receive  from  the 
county  treasury  two  dollars  for  each  day  for  actual  services.44 
The  truant  officers  provided  for  in  this  act  who  are  appointed 
by  the  board  of  education  of  any  city  of  the  first  or  second 
class  shall  receive  from  the  treasury  of  such  board  of  edu- 
cation two  dollars  for  each  day  for  actual  service.  Such 
truant  officers  shall  be  paid  by  the  respective  counties45  or 
board  of  education  in  the  same  manner  as  other  employees 
are  paid;  provided,  that  no  warrant  shall  be  issued  either  on 
the  county  treasurer  or  the  treasurer  of  the  board  of  education 
for  such  services  until  the  truant  officer  shall  have  filed  an 
itemized  statement  of  the  time  employed  in  such  service,  and 
such  statement  shall  have  been  certified  to  by  the  county  su- 
perintendent of  public  instruction  or  by  the  clerk  of  the  board 
of  education  in  the  city  in  which  such  truant  officer  is  em- 
ployed; provided  further,  that  no  truant  officer  shall  receive 
pay  for  more  days'  service  during  any  one  year  than  the  num- 
ber of  days  the  school  is  in  session  that  year.  (Laws  1903,  ch. 
423,  sec.  4.) 

SEC.  208.  Teachers  and  School  Officers  to  Report.  [7740] 
All  school  officers  are  hereby  required  to  make  and  furnish  all 
reports  that  may  be  required  by  the  county  superintendent  of 
public  instruction  or  by  the  board  of  education  of  any  city  of 
the  first  and  second  class  with  reference  to  the  workings  of 
this  act.  Every  teacher  employed  in  the  public  schools  in 
the  state  of  Kansas  is  hereby  required,  before  receiving  each 
month's  salary,  to  make  a  report  to  the  county  superintendent 

42.  Truant  officers  of  cities  of  the  first  and  second  class  are  under  the 
supervision  of  their  respective  boards  of  education  or  the  city  superin- 
tendent, who  is  the  board's  executive  officer. 

43.  Section  205  of  this  book. 

44.  The  truant  officer  may  be  appointed  probation  officer  of  the  juve- 
nile court,  as  provided  in  section  479  of  this  book. 

45.  When  the   county  superintendent  has  approved   the  bill   of  the 
truant  officer,  the  county  commissioners  (or  auditor)  of  the  county  have 
no  option  but  to  order  payment  of  same.     Truant  officers  are  not  entitled 
to  pay  for  traveling  expenses.    They  are  entitled  to  pay  for  a  reasonable 
amount  of  office  work  in  connection  with  their  regular  duties. 


CH.  6]  COMPULSORY   EDUCATION.  79 

of  public  instruction  or  to  the  superintendent  of  the  city  in 
which  he  may  be  employed,  showing  the  names  and  addresses 
of  all  pupils  who  have  been  truant  or  habitually  absent  from 
school  during  the  previous  month,  and  stating  reasons  for 
such  truancy  or  habitual  absence  in  each  case,  if  known.  All 
such  cases  of  truancy  so  reported  shall  be  brought  to  the  notice 
of  the  proper  truant  officer  by  the  county  superintendent  of 
public  instruction  or  by  the  superintendent  of  the  city  by  which 
he  is  employed.  (Laws  1903,  ch.  423,  sec.  5.) 

SEC.  209.  Annual  School  Census.  [7741]  In  order  that  the 
provisions  of  this  act  may  be  more  definitely  enforced,  it  is 
hereby  provided  that  the  enumerators46  of  school  children,  in 
taking  their  annual  school  census,  shall  ascertain  and  record 
the  name,  place47  and  date  of  birth  of  every  child  enumerated, 
and  the  parent,  guardian  or  persons  having  charge  or  control 
of  such  child  shall  subscribe  and  take  oath  or  affirmation  that 
such  record  is  true.  The  enumerator  is  hereby  empowered  to 
administer  such  oath  or  affirmation ;  and  any  parent,  guardian 
or  person  having  charge  or  control  of  any  child  who  shall  re- 
fuse to  take  such  oath  or  affirmation  shall  be  adjudged  guilty 
of  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
in  any  sum  not  less  than  one  nor  more  than  ten  dollars.  (Laws 
1903,  ch.  423,  sec.^6.) 

SEC.  210.  Deaf*  Mute  and  Blind  Must  be  Educated.  [7742] 
That  every  parent,  guardian,  company,  corporation,  associa- 
tion, person  or  persons  within  the  state  of  Kansas  having  con- 
trol or  charge  of  any  deaf,  dumb  or  blind  child  or  person  be- 
tween the  ages  of  seven  and  twenty-one  years,  inclusive,  shall 
be  required  to  send  sucl^  child  or  person  to  some  suitable  school 
where  deaf  and  blind  are  taught  and  educated.  The  instruction 
given  the  deaf  shall  be  conducted  either  orally  or  by  sign 
method,  or  both,  for  a  period  of  at  least  five  months  in  each 
year ;  provided,  that  this  will  not  apply  to  such  child  or  person 
where  skilled  private  instruction  is  given  for  the  same  length 
of  time  each  year.  It  shall  be  the  duty  of  the  truant  officer 
provided  in  section  2,  Laws  of  1903,  to  enforce  the  provisions 
of  this  act,  the  same  as  provided  for  the  enforcement  of  chap- 
ter 423,  Laws  of  1903.  (Laws  1905,  ch.  384,  sec.  1.) 

SEC.  311.  Penalty.  [7743]  Any  parent,  guardian,  com- 
pany, corporation,  association,  member  of  any  company,  cor- 
poration, or  association,  person  or  persons  who  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  adjudged  to 
pay  a  fine  in  any  sum  not  to  exceed  $100.  (Laws  1905,  ch. 
384,  sec.  2.) 

46.  In  all  districts  under  the  supervision  of  the  county  superintendent 
the  district  clerk  is  the  enumerator. 

47.  Address  at  the  date  of  census. 


80  COMPULSORY  EDUCATION.  [CH.  6 

SEC.  212.  Education  of  Children  in  Asylums.  [5569]  When- 
ever it  shall  be  necessary  and  practicable,  poor  children  of  the 
asylums  who  can  not  be  bound  out,  or  whom  it  may  not  be 
expedient  to  bind  out,  shall  be  educated  thereat,  or  at  the 
schools  of  the  district  in  which  such  asylums  may  be  situated, 
or  in  some  adjacent  district,  and  the  board  of  county  commis- 
sioners of  any  such  county  may  arrange  with  such  school 
district  or  districts  for  the  education  of  such  children  and 
allow  a  reasonable  tuition  fee  therefor.  (Laws  1905,  ch.  385, 
sec.  1.) 


OH.  7] 


CONSOLIDATION. 


81 


CHAPTER  VII.— Consolidation. 


§213.  Temporary   consolidation   of  districts 
by  county  superintendent. 

214.  Procedure    in    consolidation. 

215.  Consolidation    with    district    contain- 

ing a  graded  school. 

216.  Transportation   of  pupils. 


§217.  Powers   of   district  meetings   of   dis- 
trict board. 

218.  County  superintendent  to  be  notified. 

219.  Record  boundaries. 

220.  Property  of  districts. 

221.  Name. 

222.  Duties  and  powers  of  district  board. 

SECTION  213.  Temporary  Consolidation  of  Districts  by 
County  Superintendent.  [7428]  The  county  superintendent 
of  public  instruction  may,  when  any  two  or  more  adjoining 
school  districts  have  less  than  five  pupils  each  of  school  age, 
combine  the  pupils  of  such  districts,  and  provide  for  a  term  of 
school,  which  shall  be  divided  among  the  districts  so  combined 
as  he  shall  deem  most  convenient,  and  to  which  the  pupils  of 
each  shall  be  admitted;  he  shall  prorate  the  expense  between 
the  districts  in  proportion  to  the  number  of  pupils  from  each, 
and  shall  certify  same  to  the  county  clerk  on  or  before  the  1st 
day  of  August  of  each  year,  and  the  board  of  county  commis- 
sioners shall  levy  a  tax  against  the  property  of  said  district 
sufficient  to  raise  the  amount  shown  by  the  said  certificate; 
provided,  that  whenever  the  school  population  of  such  districts 
so  combined  or  of  any  school  district  shall  become  less  than  five 
no  term  of  school  shall  be  held,  but  provision  shall  be  made  by 
the  county  superintendent  for  sending  pupils  to  other  schools, 
as  now  provided  by  law  in  the  case  of  districts  which  vote  to 
have  no  school,  and  in  no  case  shall  more  than  one  school  be 
held  at  the  same  time  in  any  school  district,  consolidated  or 
otherwise,  unless  there  be  a  regular  attendance  of  at  least  five 
bona  fide  pupils  for  each  of  the  additional  schools  in  said  dis- 
trict. All  contracts  with  teachers  shall  be  made  subject  to  the 
provisions  of  this  act.  (Laws  1901,  ch.  307,  sec.  11.) 

SEC.  214.  Procedure  in  Consolidation.  By  order  of  the  dis- 
trict board,  or  by  a  written  petition  of  twenty-five  per  cent  of 
the  voters  of  any  school  district,  the  clerk  of  said  school  dis- 
trict shall  post  printed  notices  as  required  for  school-district 
meetings,  calling  a  school-district  meeting  at  the  schoolhouse 
of  said  district  for  the  purpose  of  voting  upon  a  proposition  to 
consolidate  said  school  district  with  one  or  more  school  districts 
as  stated  in  said  notices.  The  vote  in  any  district  may  be  made 
conditional  on  a  similar  proposition  carrying  in  part  or  all  of 
the  districts  voting.  In  any  school  district  voting  on  the 
proposition  a  majority  of  the  votes  cast  shall  be  sufficient  to 
carry  the  proposition  in  said  district.  The  vote  at  such  school- 
district  meeting  shall  be  by  ballot,  which  shall  read  "For  con- 
solidation" or  "Against  consolidation."  Upon  such  proposi- 
tion being  carried,  the  clerk  of  said  school  district  shall  there- 
—6 


82  CONSOLIDATION.  [CH.  7 

upon,  in  writing,  notify  the  county  superintendent  of  such 
action.  Upon  receiving  such  notice,  it  shall  be  the  duty  of  the 
county  superintendent  to  designate  a  time  and  place  for  a 
meeting  for  the  purpose  of  electing  a  school  board,  consisting 
of  a  director,  clerk  and  treasurer,  notice  of  which  meeting 
shall  be  given  by  printed  notices  posted  in  five  public  places  in 
the  districts  uniting.  As  soon  as  such  officers  are  elected  and 
have  taken  the  oath  of  office,  the  county  superintendent  shall 
declare  the  old  districts  disorganized;  provided,  that  said 
school  board  is  authorized  to  maintain  separately  till  the  end  of 
the  term  any  schools  that  may  be  in  session  at  the  time  of  con- 
solidation. (Laws  1911,  ch.  275,  sec.  1.) 

SEC.  215.  Consolidation  with  a  District  Containing  a  Graded 
School.  Any  school  district  may  be  annexed  to  a  school  district 
containing  a  graded  school  upon  a  proposition  for  such  an- 
nexation receiving  a  majority  of  votes  cast  at  an  election  called 
for  that  purpose  as  provided  for  in  section  1  of  this  act,  and 
upon  said  proposition  receiving  the  approval  of  the  district 
board  of  the  school  district  containing  said  graded  school. 
Upon  the  county  superintendent  receiving  notification  that 
such  proposition  has  been  carried  at  said  election  and  approved 
by  the  school  board  of  the  school  district  containing  the  graded 
school,  the  county  superintendent  shall  annex  said  district. 
Such  annexation  shall  take  place  in  accordance  with  section 
7435  of  the  General  Statutes  of  1909,  and  after  such  district 
is  formed  it  shall  be  governed  by  the  provisions  governing  con- 
solidated districts.  A  graded  school  for  the  purpose  of  this  act 
shall  be  one  in  which  two  or  more  teachers  are  employed. 
(Laws  1911,  ch.  275,  sec.  2.) 

SEC.  216.  Transportation  of  Pupils.  The  district  board  of 
consolidated  school  districts  shall  provide  for  the  comfortable 
transportation  of  the  pupils  of  said  districts  living  two  or 
more  miles  from  the  school  by  the  usually  traveled  road  in  a 
safe  and  enclosed  conveyance  or  conveyances,  and  shall  estab- 
lish such  rules  and  regulations  as  may  be  necessary  for  carry- 
ing out  the  provisions  of  this  section.  (Laws  1911,  ch.  275, 
sec.  3.) 

SEC.  217.    Powers  of  District  Meetings  and  of  District  Board. 

The  annual  or  special  meetings  of  consolidated  school  districts 
shall  have  such  general  powers  and  duties  as  are  provided  by 
law  for  school-district  meetings.48  The  duties  and  powers  of 
the  district  board  of  consolidated  districts  shall  include  those 
provided  by  law  for  district  boards.  (Laws  1911,  ch.  275, 
sec.  4.) 

SEC.  218.  County  Superintendent  to  be  Notified.  [7433] 
Upon  the  organization  of  such  union  school  districts,  as  here- 
inbefore provided,  the  clerk  of  the  board  thereof  shall  notify 

48.    See  chapter  X  of  this  book. 


CH.  7]  CONSOLIDATION.  83 

the  county  superintendent  in  writing  that  such  action  has  been 
taken.    (Laws  1901,  ch.  305,  sec.  3.) 

SEC.  219.  Record  of  Boundary.  [7434]  The  boundary  of 
the  union  district,  when  formed,  shall  include  the  territory  of 
the  districts  so  uniting,  and  the  county  superintendent  shall, 
upon  proper  notice  thereof,  at  once  make  a  record  of  such 
boundary ;  provided,  that  by  vote  of  the  electors  of  any  district 
uniting  to  form  a  union  district  part  of  the  district  may  unite 
with  one  union  district  and  part  with  another  adjacent  union 
district.  (Laws  1901,  ch.  305,  sec.  4.) 

SEC.  220.  Property  of  Districts.  [7435]  Upon  the  organi- 
zation of  such  union  school  district,  all  school  property,  except 
as  hereinbefore  provided,  heretofore  owned  by  the  several  dis- 
tricts so  uniting,  shall  at  once  become  the  property  of  such 
union  school  district,  and  the  board  of  directors  of  the  said 
union  school  district  are  hereby  authorized  to  dispose  of  any  or 
all  such  property  as  the  best  interests  of  such  district  may  re- 
quire. (Laws  1901,  ch.  305,  sec.  5.) 

SEC.  221.  Name.  [7437]  Such  union  school  district,  when 
formed,  shall  be  known  as  union  school  district  No.  — ,  county 

of  ,  state  of  Kansas,  and  be  a  body  corporate,  with 

power  to  sue  and  be  sued.    (Laws  1901,  ch.  305,  sec.  7.) 

SEC.  222.  Duties  and  Powers  of  District  Board.49  [7438] 
The  duties  and  powers  of  the  board  of  directors  heretofore 
mentioned  shall  be  the  same  as  those  provided  by  law  for 
school-district  boards.  (Laws  1901,  ch.  305,  sec.  8.) 

49.    See  chapter  X  of  this  book. 


84 


COUNTY   SCHOOL   FUND. 


[CH.8 


CHAPTER  VIII.— County  School  Fund. 


§223.   County  treasurer. 

224.  County   clerk   shall  report  to   county 

superintendent. 

225.  Justices    shall    report    to    county    su- 

perintendent proceeds  of  fines  and 
estrays. 


J226.   Moneys  and  property  to  be  delivered 
to  proper  officers. 

227.  No  compensation. 

228.  Penalty. 

229.  Unclaimed  money. 

230.  Fines    and   penalties   paid    into    com- 

mon-school fund. 


SECTION  223.  .County  Treasurer.  [7730]  The  county  treas- 
urer shall  collect  all  moneys  due  the  county  for  school  purposes 
from  fines,  forfeitures,  or  proceeds  from  the  sale  of  estrays, 
and  all  moneys  paid  by  persons  as  equivalent  for  exemption 
from  military  duty;  and  he  shall,  upon  proper  application  of 
the  district  treasurer  of  any  district  in  the  county,  pay  over  to 
the  said  district  treasurer  the  amount  apportioned  to  the  dis- 
trict by  the  county  superintendent.50  He  shall  also  collect  the 
delinquent  taxes  on  real  estate  in  any  district,  in  the  same 
manner  as  county  taxes  are  collected,  whenever  such  delin- 
quent tax  list  shall  have  been  lawfully  reported  and  returned 
to  him,  and  he  shall  pay  the  same  over  to  the  treasurer  of  the 
district  to  which  such  delinquent  taxes  are  due;  and  if  any 
county  treasurer  shall  refuse  to  deliver  over  to  the  order  of 
the  county  superintendent  any  school  money  in  his  possession, 
or  shall  use  or  permit  to  be  used  for  any  other  purpose  than  is 
specified  in  this  act  any  school  money  in  his  possession,  he 
shall  on  conviction  thereof  be  adjudged  guilty  of  a  misde- 
meanor, and  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year. 
(Laws  1876,  ch.  122,  art.  17,  sec.  1.) 

SEC.  224.  County  Clerk.  [7731]  The  county  clerk  of  each 
county  shall,  on  the  first  Mondays  of  March  and  July  of  each 
year,  make  out  and  transmit  to  the  county  superintendent  a 
true  statement  of  any  county  school  money  then  in  the  county 
treasury.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

SEC.  225.  Justice  of  the  Peace.  [7732]  Each  justice  of 
the  peace  shall  report  to  the  county  superintendent,  on  the  1st 
day  of  March  and  on  the  25th  day  of  July  of  each  year,  the 
amount  received  from  the  proceeds  of  fines  and  estrays  during 
the  six  months  preceding,  and  belonging  to  the  school  fund  of 
the  county;  and  each  justice  of  the  peace,  at  the  time  of  mak- 
ing his  report  to  the  county  superintendent,  shall  promptly 
pay  all  of  said  proceeds  to  the  county  treasurer,  to  be  disbursed 
by  the  county  superintendent  at  the  next  ensuing  semiannual 
dividend.  (Laws  1876,  ch.  122,  art.  17,  sec.  3.) 

50.  The  county  school  fund  is  added  to  the  allotment  received  from 
the  state  school  fund  and  apportioned  as  one  fund  by  the  county  super- 
intendent. 


CH.  8]  COUNTY   SCHOOL  FUND.  85 

SEC.  226.  Moneys  and  Property.  [7733]  All  persons  hav- 
ing school  moneys  or  other  school  property  in  their  possession, 
by  virtue  of  any  act  heretofore  passed,  are  hereby  required  to 
pay  over  and  deliver  the  same  to  the  proper  officers  provided 
for  by  this  act.  (Laws  1876,  ch.  122,  art.  17,  sec.  4.) 

SEC.  227.  No  Compensation.  [7734]  No  county  treasurer 
shall  receive  any  compensation  for  disbursing  or  receiving 
either  county  or  state  school  moneys.  (Laws  1876,  ch.  122, 
art.  17,  sec.  5.) 

SEC.  228.  Penalty.  [7735]  Any  county  treasurer  who  shall 
neglect  or  fail  to  pay  over  any  school  money  in  the  treasury, 
on  application,  shall  be  subject  to  a  fine  of  not  less  than  $500 
for  every  such  neglect  or  failure.  (Laws  1876,  ch.  122,  art.  17, 
sec.  6.) 

SEC.  229.  Unclaimed  Money.  [7698]  If  any  sum  of  money 
directed  by  an  order  of  the  court  to  be  distributed  to  heirs, 
next  of  kin  or  legatees  shall  remain  for  the  space  of  one  year 
unclaimed,  the  executor  or  administrator  shall  pay  over  the 
same  to  the  treasurer  of  the  county  for  the  benefit  of  common 
schools  of  the  county.  (Laws  1876,  ch.  122,  art.  15,  sec.  7.) 

SEC.  230.  Common-school  Fund.  [6908]  All  fines  and 
penalties  imposed,  and  all  forfeitures  incurred,  in  any  county, 
shall  be  paid  into  the  treasury  thereof,  to  be  applied  to  the 
support  of  common  schools.  (Gen.  Stat.  1868,  ch.  82,  sec.  332.) 


86 


COUNTY   SUPERINTENDENT. 


[CH.9 


CHAPTER  IX.— County  Superintendent. 


Qualifications. 

Term  of  office. 

Right    to    vote    for     candidates    re- 
stricted. 

Oath  and  bond. 

General  duties. 

Annual  convention  of  school  district 
boards. 

Apportionment  of  school  funds. 

Annual  report. 

Compensation. 

Vacancy   in  school-district  board. 

Vacancy  in  office  of  county  superin- 
tendent. 

Reports  of  district  clerks. 
'Power  to  administer  oaths  in  certain 
cases. 

Purchase  of  records. 

Forming   and   changing  'districts. 

School     districts    within     an     Indian 
reservation. 

Appeal   to   county   commissioners. 

Notice  of  first   district  meeting. 

Division   of  property. 

Description  of  school  district  bound- 


5231. 
232. 
233 

234. 
235. 
236, 

237. 
238. 
239. 
240. 
241. 

242. 
243. 

244. 

245. 


247 
248 
249 
250, 


251.  County   superintendent   shall   furnish 

map. 

252.  Boundary  lines  reestablished. 


§253.   Boundary  lines  reestablished  in  case 
of  error. 

254.  Indebtedness  of  depopulated  district. 

255.  County  treasurer  shall  pay  orders. 

256.  Depopulated    district    may    be    disor- 

ganized. 

257.  When  district  is  depopulated. 

258.  Partially    depopulated    districts    may 

be  disorganized. 

259.  Partially     depopulated     district     de- 

fined. 

260.  Petition    for    disorganization. 

261.  Territory    attached    to    adjacent    dis- 

trict. 

262.  Floating  indebtedness  of  disorganized 

district. 

263.  Orders  paid  by  county  treasurer. 

264.  Disposition    of    funds. 

265.  Disposition    of   property. 

266.  Territory  not  liable  for  debts. 

267.  Annexation   of  school  districts. 

268.  Division  of  districts  annexed. 

269.  Other  duties;   deputy. 

270.  Neglect   or   refusal   to   perform   duty. 

271.  Agent  of  state  orphans'  home. 

272.  Unlawful   for   county   superintendent 

to  piirchase  school  lands. 

273.  Trespassers  on  school  lands. 


SECTION  231.  Qualifications.  [7379]  That  a  person  to  be 
eligible  to  the  office  of  county  superintendent  of  public  instruc- 
tion must  hold  a  professional  certificate,  first-grade  certificate, 
or  a  state  certificate,  or  be  a  graduate  of  an  accredited  college 
or  normal  school,  and  must  have  taught  at  least  eighteen 
months ;  provided,  that  this  act  shall  not  apply  to  any  person 
now  holding  the  office  of  county  superintendent  or  to  any  per- 
son who  is  now  a  county  superintendent  elect.  (Laws  1907, 
ch.  167,  sec.  1.) 

SEC.  232.  Term  of  Office.  [7377]  The  term  of  office  of  the 
county  superintendent  of  public  instruction  shall  begin  on  the 
second  Monday  of  May  of  each  odd  year,  beginning  with  the 
year  A.  D.  1901.  (Laws  1899,  ch.  244,  sec.  1.) 

SEC.  233.    Right  to  Vote  for  Candidates  Restricted.    In  any 

primary  election  held  for  the  purpose  of  nominating  candi- 
dates for  county  offices  and  in  any  general  election  held  for  the 
election  of  county  officers  the  right  to  vote  for  candidates  for 
the  office  of  county  superintendent  of  public  instruction  shall 
be  restricted  to  the  qualified  electors  residing  in  said  county 
and  not  residing  in  any  city  of  the  first  or  second  class ;  and  the 
ballots  prepared  for  use  in  cities  of  the  first  and  second  class  in 
said  primary  or  general  election  shall  not  contain  the  names 
of  candidates  for  the  office  of  county  superintendent  of  public 
instruction ;  provided,  that  nothing  in  this  act  shall  disqualify 
a  person  residing  in  any  portion  of  the  county  from  being 


CH.  9]  COUNTY   SUPERINTENDENT.  87 

elected  to  the  office  of  county  superintendent.     (Laws  1915,  ch. 
210,  sec.  1.) 

SEC.  234.  Oath  and  Bond.  [7380]  The  county  superin- 
tendent of  public  instruction  shall,  before  he  enters  upon  the 
duties  of  his  office,  take  and  subscribe  an  oath  or  affirmation 
to  support  the  constitution  of  the  United  States  and  of  the 
state  of  Kansas,  to  faithfully  discharge  the  duties  of  said  office, 
and  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $1000, 
conditioned  to  the  faithful  performance  of  his  official  duties; 
which  bond,  after  having  been  approved  by  the  board  of 
county  commissioners,  together  with  his  official  oath,  shall 
be  filed  in  the  office  of  the  county  clerk.  (Laws  1881,  ch.  152, 
sec.  1.) 

SEC.  235.  General  Duties.  [7381]  It  shall  be  the  duty  of 
the  county  superintendent  of  public  instruction  to  visit  each 
school  in  his  county  at  least  once  each  term  of  six  months,51 
correcting  any  deficiency  that  may  exist  in  the  government 
of  the  school,52  the  classification  of  the  pupils,  or  the  methods 
of  instruction  in  the  several  branches  taught;  to  make  such 
suggestions  in  private  to  the  teachers  as  he  shall  deem  proper 
and  necessary  to  the  welfare  of  the  school;  to  note  the  char- 
acter and  condition  of  the  schoolhouse,  furniture,  apparatus, 
and  grounds,  and  make  a  report  in  writing  to  the  district 
board,  making  such  suggestions  as  in  his  opinion  shall  im- 
prove the  same;  to  examine  the  accounts  and  record-books  of 
the  district  officers,  and  see  that  they  are  kept  as  required  by 
law;  to  encourage  the  formation  of  associations  of  teachers 
and  educators  for  mutual  improvement,  and,  as  far  as  possible, 
to  attend  the  meetings  of  such  associations,  and  participate 
in  the  exercises  of  the  same ;  to  attend  the  normal  held  in  his 
county,  using  his  influence  to  secure  the  attendance  of  teach- 
ers; to  make  daily  a  personal  inspection  of  the  work  of  the 
institute  in  session,  and  keep  a  record  of  the  same  in  his  office, 
and  do  such  work  in  connection  with  the  exercises  of  the 
institute  as  he  may  deem  necessary  ;53  to  hold  a  public  meeting 
in  each  school  district  of  his  county  at  least  once  every  year, 
for  the  purpose  of  discussing  school  questions  and  elevating 
the  standard  of  education ;  to  keep  his  office  open  at  the  county 

seat  Saturday  of  each  week,  and  in  counties  in  which  the 

• — • 

51.  "At  least  once  each  term  of  six  months"  is  held  to  mean  at  least 
once  each  school  year. 

52.  The  power  to  correct  deficiencies  in  government,  classification  and 
methods  of  instruction  implies  a  direct  responsibility  of  the  teacher  to  the 
superintendent.     The  language  of  the  law  is  clearly  intended  to  establish 
this  relation  somewhat  as  it  exists  in  city  schools.    Failure  to  pay  reason- 
able attention  to  the  suggestions  of  the  county  superintendent  in  these 
matters  is  held  to  be  sufficient  ground  for  withholding  the  teacher's  cer- 
tificate. 

53.  The  county  superintendent  can  not  receive  compensation  for  work 
in  connection  with  the  normal  institute. 


88  COUNTY  SUPERINTENDENT.  [CH.  9 

superintendent  receives  a  salary  of  more  than  $600  per  annum, 
he  shall  keep  his  office  open  when  not  necessarily  absent  at- 
tending to  his  official  duties.54  He  shall  keep  a  complete  record 
of  his  official  acts;  a  record  of  the  name,  age  and  post-office 
address  of  each  candidate  for  a  teacher's  certificate,  with  the 
number  of  weeks  said  candidate  has  attended  a  normal  school 
or  institute,  the  number  of  weeks  he  has  taught,  his  standing 
in  each  study,  and  the  date  of  issue  and  expiration  of  each 
certificate  granted.  He  shall  keep  a  register  of  the  teachers 
employed  in  his  county,  giving  name  of  teacher,  number  of 
the  district  in  which  he  is  employed,  dates  of  opening  and 
closing  term,  salary  per  month,  grade  of  certificate,  and  date, 
of  superintendent's  visit.  He  shall  keep  a  record  of  the  semi- 
annual apportionments  of  the  state  and  county  school  funds, 
and  such  other  statistical  records  as  shall  be  required  in 
making  reports  to  the  state  superintendent  of  public  instruc- 
tion. He  shall  make  out  and  transmit  to  the  state  superin- 
tendent, on  the  last  Monday  of  March,  June,  September  and 
December  of  each  year,  a  report,  showing  the  number  of 
school  visits  made,  with  the  average  length  of  time  spent  in 
such  visits;  the  number  of  consultations  held  with  school  of- 
ficers; the  number  of  days  his  office  has  been  kept  open;  the 
number  of  district  treasurers'  and  clerks'  record-books  exam- 
ined ;  the  number  of  teachers'  meetings  attended ;  the  number 
of  public  lectures  delivered;  and  such  other  information  as 
the  state  superintendent  may  require  regarding  the  duties  of 
such  county  superintendent;  and  until  such  report  shall  have 
been  forwarded  to  the  state  superintendent,  and  a  copy  thereof 
filed  with  the  county  clerk  for  publication,  and  that  fact  cer- 
tified by  the  said  county  superintendent  to  the  board  of 
county  commissioners,  tne.  warrant  for  his  salary  shall  not  be 
drawn.  The  county  superintendent  shall  obtain  from  the 
county  clerk,  at  least  ten  days  before  the  time  for  holding  the 
annual  school  meeting  each  year,  a  certified  statement  of  the 
total  assessed  valuation  of  the  property  in  each  school  district 
in  his  county,  and  immediately  certify  the  same  to  the  several 
school-district  clerks  of  his  county,  for  the  information  of  the 
annual  school  meeting ;  and  it  is  hereby  made  the  duty  of  said 
county  clerk  to  make  out  said  certified  statement,  and  deliver 
the  same  to  the  county  superintendent.  (Laws  1881,  ch.  152, 
sec.  2.) 

SEC.  236.     Annual  Convention  of  School  District  Boards. 

The  county  superintendent  of  public  instruction  in  each  county 
in  the  state  shall  hold  annually  one  convention  of  members 
of  school  district  boards  for  the  purpose  of  consultation  and 
instruction  on  matters  pertaining  to  the  administration  of  the 

54.  The  provisions  of  this  section  require  the  entire  time  of  every 
county  superintendent  receiving  a  salary  of  $750  or  over.  (See  section 
239  of  this  book.) 


CH.  9]  COUNTY  SUPERINTENDENT.  89 

district  schools  of  said  county.  Each  district  board  may  desig- 
nate one  or  more  members  of  said  board  to  attend  said  con- 
vention; and  each  member  of  a  school  district  board  thus 
designated  who  shall  attend  said  meeting  may  be  allowed  the 
actual  expenses  incurred  in  attending  said  convention,  not  to 
exceed  two  dollars  each,  said  expenses  to  be  paid  from  the 
school  district  funds  in  the  manner  prescribed  by  law.  The 
county  superintendent  shall  keep  a  record  of  the  attendance  of 
all  members  of  district  boards  at  each  session  of  the  convention 
and  shall  issue  to  each  member  a  certificate  of  attendance; 
and  no  warrant  shall  be  drawn  for  the  payment  of  the  expenses 
of  any  member  of  a  school  district  board  until  said  certificate 
of  attendance  has  been  filed  with  the  school  district  clerk. 
(Laws  1915,  ch.  302,  sec.  1.) 

SEC.  237.  Apportionment  of  School  Funds.  [7382]  Within 
five  days  after  receiving  the  certificate  of  the  state  superin- 
tendent of  public  instruction,  informing  him  of  the  amount 
of  state  school  fund  which  has  been  apportioned  to  his  county, 
the  county  superintendent  shall  apportion  the  same,  together 
with  the  unapportioned  county  school  fund  in  the  county 
treasury,  among  the  school  districts  and  parts  of  districts  in 
such  county,  in  the  ratio  of  the  number  of  persons  of  school 
age  residing  in  each  district  or  part  of  district,  as  shown  by 
the  last  annual  reports  of  the  several  clerks  of  such  districts 
and  parts  of  districts;55  provided,  that  no  district  in  which 
a  common  school  has  not  been  taught  at  least  three  months 
the  last  preceding  school  year  shall  be  entitled  to  receive  any 
portion  of  either  of  said  funds  ;56  and  he  shall  draw  his  order 

55.  A  district  that  refuses  or  neglects  to  have  the  census  taken  accord- 
ing to  law  forfeits  its  right  to  a  share  of  the  annual  school  fund. 

56.  Seven  months  the  minimum  term  by  Laws  1911,  ch.  268,  sec.  1 
(section  288  of  this  book).     A  district  must  not  only  have  had  a  com- 
mon school  taught  at  least  three  months  during  the  school  year  ending 
June  30,  but  must  also  have  made  through  its  district  clerk  the  requisite 
annual  report  for  the  school  year  in  time  to  be  included  in  the  annual 
report  of  the  county  superintendent,  or  the  county  superintendent  can  not 
legally  apportion  to  the  district  a  share  of  the  next  ensuing  February  and 
August  dividends  of  the  state  and  county  school  funds.    In  apportioning 
these  funds,  the  county  superintendent  must  be  governed  not  only  by  the 
proviso  regarding  the  length  of  school  term,  but  also  by  the  number  of 
children  of  school  age  residing  in  the  several  districts  of  the  county, 
"as  the  same  shall  appear  from  the  last  annual  reports  of  the  clerks  of 
the  respective  districts."    For  purposes  of  apportionment,  it  is  only  from 
the  annual  report  of  a  clerk  of  a  district  that  a  county  superintendent  can 
legally  know  the  number  of  children  of  school  age  residing  in  the  district. 

In  the  case  of  the  organization  of  a  school  district  out  of  a  part  of  the 
territory  of  another  which  is  entitled  to  a  portion  of  the  state  and  county 
school  funds,  the  newly  formed  district  should  be  apportioned  its  just 
share  of  the  funds  to  which  the  original  district  would  have  been  entitled. 
If  the  division  of  the  district  was  made  before  the  time  of  making  the 
annual  report,  the  report  of  the  new  district  should  show  the  number  of 
children  resident  of  the  territory  detached  from  the  old  district,  so  that 
this  apportionment  may  be  made  upon  official  returns.  If  the  new  district 


90  COUNTY   SUPERINTENDENT.  [CH.  9 

on  the  county  treasurer  in  favor  of  each  of  the  several  school- 
district  treasurers  for  the  amount  apportioned  to  such  district. 
(Laws  1881,  ch.  152,  sec.  3.) 

SEC.  238.  Annual  Report.  [7384]  He  shall,  on  or  before 
the  15th  of  October  of  each  year,  make  out  and  transmit  in 
writing  to  the  state  superintendent  of  public  instruction  a 
report  bearing  date  October  1,  containing  a  statement  of  the 
number  of  school  districts57  or  parts  of  districts  in  the  county, 
and  the  number  of  children  and  their  sex,  resident  in  each 
over  the  age  of  five  and  under  the  age  of  twenty-one  years  ;r'8 
a  statement  of  the  number  of  district  schools  in  the  county, 
the  length  of  time  a  school  has  been  taught  in  each,  the  number 
of  scholars  attending  the  same,  their  sex,  the  branches  taught 
and  the  text-books  used,  the  number  of  teachers  employed  in 
the  same,  and  their  sex ;  a  statement  of  the  number  of  private 
or  select  schools  in  the  county,'  so  far  as  the  same  can  be  ascer- 
tained, and  the  number  of  teachers  employed  in  the  same,  their 
sex,  and  the  branches  taught;  a  statement  of  the  number  of 
graded  schools  in  the  county,  the  length  of  time  school  has  been 
taught  in  each,  and  the  number  of  scholars  attending  the  same, 
their  sex,  and  the  branches  taught,  the  number  of  teachers 
employed  in  the  same,  and  their  sex;  a  statement  of  the  con- 
dition of  the  normal  school,  where  such  school  has  been  estab- 
lished, the  number  of  students  attending  the  same,  their  sex, 
and  the  number  of  teachers  employed  in  the  same,  and  their 
sex;  a  statement  of  the  county  normal  institute;  a  statement 
of  the  number  of  academies  and  colleges  in  the  county,  and  the 
number  of  students  attending  the  same,  and  their  sex,  the 
number  of  teachers  employed  in  each,  and  their  sex;  a  state- 
ment of  the  amount  of  public  money  received  in  each  district 
or  parts  of  districts,  and  what  portion  of  the  same,  if  any,  has 
been  appropriated  to  the  support  of  graded  schools ;  a  state- 
ment of  the  amount  of  money  raised  in  each  district  by  tax 
and  paid  for  teachers'  wages  in  addition  to  the  public  money 
paid  therefor ;  the  amount  of  money  raised  by  tax  or  otherwise 
for  the  purpose  of  purchasing  school  site,  for  building,  hiring, 
purchasing,  repairing,  furnishing  or  insuring  such  school- 
house,  or  for  any  other  purpose  allowed  by  law,  in  the  district 
or  parts  of  districts.  (Laws  1881,  ch.  152,  sec.  5.) 

was  organized  after  the  time  of  making  the  annual  report,  the  officers  of 
the  former  district  should  be  directed  to  pay  to  the  treasurer  of  the  new 
district  that  portion  of  the  funds  to  which  the  children  residing  upon  the 
detached  territory  entitle  said  district. 

57.  Joint  districts  are  reported  by  the  superintendent  under  whose 
supervision  the  districts  exist. 

58.  The  annual  reports  of  county  superintendents  constitute  the  basis 
upon  which  the  state  superintendent  disburses  the  semiannual  dividends 
to  the  several  counties.     If  any  county  superintendent,  therefore,  fails  to 
make  his  annual  report,  as  required  by  law,  the  county  loses  its  share  of 
the  state  school  fund,  and  the  county  superintendent  becomes  responsible 
to  the  county  for  the  amount. 


CH.  9]  COUNTY   SUPERINTENDENT.  91 

SEC.  239.  Compensation.  The  county  superintendent  of 
public  instruction  shall  be  allowed  by  the  board  of  county 
commissioners  of  their  respective  counties,  as  full  compensa- 
tion for  all  their  services  in  the  performance  of  the  duties 
required  of  them  by  statute,  the  following  sums  and  no  more, 
to  be  paid  out  of  the  county  treasury  in  monthly  or  quarterly 
installments ;  said  compensation  shall  be  fixed  by  the  board  of 
county  commissioners  at  the  first  meeting  in  July  of  each  year, 
based  on  the  enumeration  of  the  school  enumerator  for  that 
year,  and  the  salary  so  fixed  shall  begin  on  July  first  of  that 
year.  In  counties  having  a  school  population59  of  less  than  500, 
the  county  superintendent  shall  receive  for  each  .day  actually 
employed  in  the  discharge  of  his  duties  in  his  office  the  sum  of 
three  dollars  per  day  for  a  number  of  days  not  to  exceed  180  in 
any  one  year.  In  counties  having  a  school  population  of  from 
500  to  1000,  he  shall  receive  the  sum  of  three  dollars  per  day 
for  a  number  of  days  not  to  exceed  200  in  any  one  year.  In 
counties  having  a  school  population  of  1000  to  1500  he  shall 
receive  the  sum  of  seven  hundred  and  fifty  dollars  per  annum ; 
in  counties  containing  more  than  1500  persons  of  school  age, 
exclusive  of  those  in  cities  of  the  first  and  second  class,  he  shall 
receive  eight  hundred  dollars  and  twenty  dollars  per  annum 
for  each  100  persons  of  school  age  in  excess  of  said  1500  up  to 
the  sum  of  one  thousand  two  hundred  dollars ;  provided,  that 
in  each  county,  the  county  commissioners  shall  add  to  the 
salary  hereinbefore  provided  the  sum  of  one  dollar  per  an- 
num for  each  teacher  employed  in  the  county,  exclusive  of 
those  employed  in  cities  of  the  first  and  second  class ;  provided 
that  in  counties  of  50,000  to  60,000  the  salary  of  the  county 
superintendent  shall  be  eighteen  hundred  dollars,  and  in  coun- 
ties of  from  60,000  to  90,000  or  more  population  the  salary  of 
the  county  superintendent  shall  be  one  thousand  eight  hundred 
dollars  per  annum ;  provided  further,  that  if  the  county  super- 
intendent shall  fail  to  spend  at  least  two  hours  in  each  school- 
room each  school  year,  so  as  to  observe  for  at  least  two  hours, 
the  work  of  each  teacher  under  his  supervision,  the  county 
commissioners  may  deduct  from  the  last  quarterly  installment 
the  sum  of  five  dollars  for  each  delinquency.  The  county  com- 
missioners may  allow  county  superintendents  having  under 
their  jurisdiction  more  than  125  and  not  more  than  200  teach- 
ers the  sum  of  three  hundred  sixty  dollars  per  annum  for 
clerk  hire,  and  for  more  than  200  teachers,  the  sum  of  four 
hundred  dollars  per  annum  for  clerk  hire.  The  county  super- 
intendent shall  be  entitled  to  all  money  actually  expended  for 
stationery,  postage,  freight  and  express.  All  money  paid  out 
of  the  county  treasury  for  this  purpose  shall  be  out  of  the  gen- 

59.  "School  population"  is  held  to  mean  the  enumeration  taken  an- 
nually by  school-district  clerks  for  the  annual  report.  Such  enumeration 
for  each  year  should  constitute  the  basis  for  the  superintendent's  salary 
for  the  ensuing  year,  beginning  the  first  day  of  July. 


92  COUNTY   SUPERINTENDENT.  [CH.  9 

eral  fund  of  the  county.  That  the  county  superintendent  of 
the  several  counties  in  the  state  of  Kansas,  shall  receive  the 
sum  of  one  ($1.00)  dollar  per  school  per  annum,  as  traveling 
expenses  in  visiting  said  schools;  provided,  in  no  case  shall 
any  county  superintendent  receive  traveling  expenses  for 
schools  not  visited.  (Laws  1913,  ch.  197,  sec.  5.) 

SEC.  240.  Vacancy  in  School  District  Board.  [7387] 
Should  a  vacancy  occur  in  the  board  of  directors  of  any  school 
district,  it  shall  be  the  duty  of  the  county  superintendent  to 
appoint  some  suitable  person,  a  resident  of  the  district,  to  fill 
the  same,  and  the  person  so  appointed  shall  continue  in  office 
until  the  next  annual  meeting  thereafter,  and  until  his  suc- 
cessor is  elected  and  qualified.  (Laws  1881,  ch.  152,  sec.  7.) 

SEC.   241.     Vacancy   in   Office  of   County   Superintendent. 

That  section  7388  of  the  General  Statutes  of  Kansas,  1909,  is 
hereby  amended  to  read  as  follows:  Sec.  7388.  When  a  va- 
cancy occurs  in  the  office  of  county  superintendent  of  public 
instruction  by  death,  resignation  or  otherwise,  notice  thereof 
shall  be  given  by  the  county  clerk  to  the  board  of  county  com- 
missioners, who  shall  as  soon  as  practicable  appoint  some  suit- 
able person  to  fill  the  vacancy ;  provided,  that  if  the  board  of 
county  commissioners  are. unable  to  make  such  appointment 
from  the  residents  of  the  county,  the  county  clerk  shall  notify 
the  state  superintendent  of  public  instruction,  who  shall  ap- 
point some  legally  qualified  person  who  is  a  resident  of  Kansas 
to  fill  the  said  vacancy,  regardless  of  the  place  of  residence  of 
such  person ;  and  the  person  receiving  such  appointment  shall 
before  entering  upon  the  discharge  of  the  duties  of  the  office 
acquire  a  residence  in  said  county  by  removing  thereto,  and 
shall  file  his  oath  or  affirmation  and  bond  in  the  county  clerk's 
office  as  provided  by  law,  and  shall  hold  his  office  until  his  suc- 
cessor is  elected  and  qualified.  (Laws  1911,  ch.  278,  sec.  1.) 

SEC.  242.  Reports  of  District  Clerks.  [7389]  He  shall  see 
that  the  annual  reports  of  the  clerks  of  the  several  school  dis- 
tricts and  parts  of  districts  in  his  county  are  made  correctly 
and  in  due  time.  (Laws  1881,  ch.  152,  sec.  9.) 

SEC.  243.     Power  to  Administer  Oaths  in  Certain  Cases. 

[7390]  County  superintendents  shall  have  power  to  administer 
oaths  in  all  cases  in  which  an  oath  is  made  necessary  by  any 
provision  of  the  school  law,  except  in  the  qualifying  of  county 
superintendents  and  their  sureties.  (Laws  1881,  ch.  152, 
sec.  10.) 

SEC.  244.  Purchase  of  Records.  [7391]  The  county  super- 
intendent of  public  instruction  of  the  respective  counties  in 
this  state  may  purchase,  for  each  organized  school  district  in 
his  county  not  having  sufficient  records,  one  set  of  school-dis- 
trict records,  consisting  of  district  clerk's  records  and  order- 
books,  district  treasurer's  book,  and  a  teacher's  daily  register. 


CH.  9]  COUNTY  SUPERINTENDENT.  93 

Each  of  said  books  shall  contain  such  printed  forms  and  in- 
structions as  will  enable  the  teacher  and  the  school-district 
officers  to  perform  with  correctness  and  accuracy  their  several 
duties  as  required  by  law;  provided,  the  entire  set  of  said 
records  as  above  enumerated  shall  not  exceed  in  cost  four  dol- 
lars for  each  set;  and  the  said  superintendent  shall  draw  his 
order  or  warrant  on  the  county  treasurer  in  favor  of  the  per- 
son he  purchases  said  books  of,  for  the  amount  of  the  pur- 
chase-money, and  it  is  hereby  made  the  duty  of  said  county 
treasurer  to  pay  said  warrant  or  order  out  of  any  money  in 
his  hands  belonging  to  the  respective  districts  in  his  county; 
provided,  that  no  funds  in  the  hands  of  the  county  treasurer 
belonging  to  the  several  school  districts  in  his  county  shall 
be  diverted  from  the  object  for  which  said  fund  was  raised; 
and  the  said  superintendent  shall  deliver  the  said  books  to  the 
district  board  of  each  district.  (Laws  1881,  ch.  152,  sec.  11.) 

SEC.  245.  Forming  and  Changing  Districts.60  [7392]  It 
shall  be  the  duty  of  the  county  superintendent  of  public  in- 
struction to  divide  the  county  into  a  convenient  number  of 
school  districts,  and  to  change  such  districts  when  the  interests 
of  the  inhabitants  thereof  require  it,61  but  only  after  twenty 
days'  notice  thereof,  by  written  notices  posted  in  at  least  five 
public  places  in  the  district  to  be  changed ;  but  no  new  school 
district  shall  be  formed  containing  less  than  fifteen  persons  of 
school  age,  no  district  shall  be  so  changed  as  to  reduce  its 
school  population  to  less  than  fifteen,  and  none  having  a  bonded 
indebtedness  shall  be  so  reduced  in  territory  that  such  indebt- 
edness shall  exceed  five  per  cent  of  their  assessed  property 
valuation;62  provided,  that  any  person  interested  may  appeal 
to  the  board  of  county  commissioners  from  the  action  of  the 
county  superintendent ;  and  provided  further,  that  the  restric- 
tions as  to  school  population  and  assessed  valuations  of  this 
section  shall  not  prevent  desirable  changes  in  school-district 
boundaries  when  the  proposed  alteration  of  boundaries  is  ap- 
proved by  the  board  of  county  commissioners.  The  county 
superintendent  shall  number  school  districts  when  they  are 
formed ;  and  he  shall  keep  in  a  book  for  that  purpose  a  descrip- 
tion of  the  boundaries  of  each  school  district  and  part  of  dis- 
trict in  his  county,  with  plat  of  the  same,  date  of  organization, 

60.  The  fact  that  the  district  boundary  has  been  changed  by  legis- 
lative act  or  a  district  disorganized  by  legislative  act  in  no  respect  modi- 
fies the  power  of  the  county  superintendent  as  conferred  by  this  section. 

61.  It  is  very  desirable  that  the  people  concerned  should  be  consulted, 
and  the  arguments  on  both  sides  carefully  considered,  before  making  im- 
portant changes.    After  a  district  has  issued  bonds  to  build  or  purchase  a 
schoolhouse,  alterations  should  be  discouraged  until  the  bonds  are  paid, 
except  in  cases  where  imperative  necessity  demands  a  change.    The  object 
should  be  to  establish  strong  and  permanent  districts. 

62.  See  section  294  for  the  valuation  required  in  the  formation  of  new 
districts  and  the  alteration  of  district  boundaries.     The  territory  com- 
prising a  school  district  at  any  particular  time  is  the  territory  at  that 
time  liable  for  the  bonds  of  such  district. 


94  COUNTY   SUPERINTENDENT.  [CH.  9 

date  and  full  record  of  all  changes  of  boundaries,  and  a  list  of 
district  officers  in  his  county,  the  date  of  election  or  appoint- 
ment, and  the  time  the  term  of  each  is  to  expire.  (Laws  1907, 
ch.  329,  sec.  1.) 

SEC.  246.     School  Districts  Within  an  Indian  Reservation. 

That  the  county  superintendent  of  any  county  in  which  there  is 
an  Indian  reservation  may,  under  the  procedure  prescribed  by 
law  for  the  organization  of  other  school  districts,  erect  any 
number  of  school  districts  lying  wholly  or  partly  within  such 
Indian  reservation,  and  the  ordinary  limitations  of  assessed 
valuation  of  property  within  such  district  shall  not  prevent  the 
organization  of  any  such  district ;  provided,  that  any  such  dis- 
trict which  it  is  proposed  to  organize  has  an  aggregate  of  sixty 
thousand  dollars'  worth  of  real  and  personal  property,  subject 
to  taxation.  (Laws  1913,  ch.  282,  sec.  1.) 

SEC.  247.  Appeal  to  County  Commissioners.  [7401]  If  in 
the  formation  or  alteration  of,  or  refusal  to  form  or  alter 
school  districts,  any  person  or  persons  shall  feel  aggrieved, 
such  person  or  persons  may  appeal  to  the  board  of  county 
commissioners,  who  shall  confer  with  the  county  superintend- 
ent, and  their  action  shall  be  final;  provided,  that  notice  of 
such  appeal63  shall  be  served  on  the  county  superintendent 
within  ten  days  of  the  time  of  posting  of  the  notices  of  the 
formation,  or  alteration  of  such  district;  such  notice  shall  be 
in  writing,  and  shall  state  fully  the  objections  to  the  action  of 
the  county  superintendent,  a  copy  of  which  shall  be  filed  with 
the  county  clerk,  and  also  with  the  clerks  of  all  districts  af- 
fected by  such  alteration ;  and  provided  also,  that  such  appeal 
shall  be  heard  and  decided  by  the  majority  of  the  board  of 
county  commissioners  at  their  next  regular  meeting;  and  if 
such  appeal  is  not  sustained  by  them,  the  county  superintend- 
ent shall  proceed  to  appoint  the  time  and  place  for  said  first 
district  meeting,  which  shall  then  proceed  as  by  law  required. 
(Laws  1876,  ch.  122,  art.  3,  sec.  5.) 

SEC.  248.  Notice  of  First  District  Meeting.  [7393]  When- 
ever a  school  district  shall  be  formed  in  any  county,  the  county 
superintendent  of  public  instruction  of  such  county  shall, 
within  fifteen  days  thereafter,  prepare  a  notice  of  the  forma- 
tion of  such  district,  describing  its  boundaries,  and  stating  the 
number  thereof.  He  shall  cause  the  notices  thus  prepared  to 
be  posted  in  at  least  five  public  places  in  the  district,  and,  in 
case  there  shall  be  no  appeal,  shall  in  ten  days  thereafter  in 
like  manner  appoint  a  time  and  place  for  a  special  district 
meeting,  for  the  election  of  officers  and  the  transaction  of  such 
business  as  is  prescribed  by  law  for  special  school-district 
meeting.  (Laws  1881,  ch.  152,  sec.  13.) 

63.  No  appeal  can  be  made  to  the  county  commissioners  unless  the 
county  superintendent  posts  notices  of  the  formation  or  alteration  of  a- 
school  district. 


CH.  9]  COUNTY   SUPERINTENDENT.  95 

SEC.  249.  Division  of  Property.  [7400]  When  a  new  dis- 
trict is  formed,  in  whole  or  in  part,  from  one  or  more  districts 
possessing  a  schoolhouse  or  entitled  to  other  property,  such 
new  district  shall  be  formed  only  between  April  1  and  Septem- 
ber 1  of  the  same  year,  and  the  county  superintendent  shall 
determine  the  value  of  the  school  property  of  the  school  dis- 
trict, including  taxes  due,  and  deducting  all  indebtedness 
except  bonded  indebtedness.  There  shall  be  due  to  the  new 
district64  from  the  old  district  the  proportion  of  the  value  of 

FIRST   RULE. 

To  be  applied  in  dividing  school  property  which  has  been  procured  with 
the  proceeds  of  district  taxes:  (1)  Find  the  assessed  valuation  of  the 
taxable  property  of  the  undivided  district,  as  returned  on  the  last  assess- 
ment roll  of  the  county.  (2)  Find,  in  like  manner,  the  assessed  valuation 
of  the  taxable  property  of  the  territory  which  is  to  be  cut  off;  and  which 
does  not  retain  the  school  property.  (3)  Find  the  present  value  of  the 
school  property  of  the  undivided  district,  including  moneys  raised  from 
district  taxes  and  remaining  in  the  treasury  at  the  time  the  division  is 
made,  after  discharging  all  indebtedness  except  bonded  indebtedness. 
(4)  Multiply  the  present  value  of  the  school  property  by  the  assessed 
valuation  of  the  territory  which  is  to  be  cut  off.  That  product,  divided 
by  the  assessed  valuation  of  the  undivided  district,  gives  the  amount  due 
to  the  territory  which  is  to  be  cut  off. 

SECOND  RULE. 

To  be  applied  in  dividing  such  school  property  as  consists  of  moneys 
received  by  the  undivided  district  from  the  state  and  county  school  funds : 

(1)  Find  the  number  of  children  of  school  age  residing  in  the  undivided 
district,  as  given  in  the  last  annual  report  of  the  clerk  of  the  district. 

(2)  Find,  in  like  manner,  the  number  of  children  of  school  age  residing 
in  the  territory  which  is  to  be  cut  off,  and  which  does  not  retain  the  school 
property.     (3)  Find  the  amount  of  state  and  county  school  money  remain- 
ing in  the  treasury  of  the  undivided  district  at  the  time  the  division  is 
made,    after   discharging   all   indebtedness   except   bonded   indebtedness. 
(4)  Mutiply  the  residue  of  state  and  county  school  moneys  by  the  number 
of  children  residing  in  the  territory  which  is  to  be  cut  off.     That  product, 
divided  by  the  number  of  children  of  school  age  residing  in  the  undivided 
district,  gives  the  amount  of  state  and  county  school  moneys  due  to  the 
territory  which  is  to  be  cut  off. 

The  same  principle  of  division  of  property  is  to  be  followed  in  case  the 
new  district  is  formed  from  parts  of  two  or  more  districts. 

The  county  superintendent  of  public  instruction  should  make  the 
division  of  school  property  at  the  time  of  forming  a  new  school  district, 
but  his  failure  to  do  so  at  the  time  does  not  impair  the  rights  of  said 
district. 

the  school  property  that  the  assessed  valuation  of  property  of 
the  new  district  bears  to  the  assessed  valuation  of  the  property 
of  the  old  district.  The  county  superintendent  shall  certify  to 
the  county  clerk  the  proper  tax  levy  against  the  taxable  prop- 
erty of  the  old  district  to  pay  the  amount  due  the  new  district. 
(Laws  1909,  ch.  207,  sec.  1.) 

SEC.  250.  School-district  Boundaries.  [7383]  The  county 
superintendent  is  hereby  required  to  furnish  the  county  clerk 

64.  For  the  division  of  school  property  under  the  provisions  of  this 
section,  the  following  rules  are  recommended,  viz.: 


96  COUNTY   SUPERINTENDENT.  [CH.  9 

with  a  description  of  the  boundary  of  each  school  district,  on 
or  before  the  last  Monday  in  May  of  each  year.  (Laws  1887, 
ch.  219,  sec.  1.) 

SEC.    251.      County    Superintendent    Shall    Furnish    Map. 

[9377]  The  county  superintendent  of  public  instruction  of 
the  several  counties  of  the  state  shall,  on  or  before  March  1 
of  each  year,  furnish  to  each  assessor  within  his  county  a  map 
of  the  city  or  township  of  such  assessor,  showing  the  number 
and  metes  and  bounds  of  every  school  district  or  part  of  school 
district  within  his  township  or  city.  (Laws  1885,  ch.  198, 
sec,  3.) 

SEC.  252.  Boundary  Lines  Reestablished.  That  in  all  coun- 
ties in  the  state  of  Kansas  where  the  records  of  the  boundary 
lines  of  school  districts  heretofore  established  in  the  state  have 
been  lost  or  destroyed,  it  shall  be  the  duty  of  the  superintendent 
of  public  instruction  of  said  county  to  reestablish  said  lines  as 
nearly  as  possible  upon  the  lines  theretofore  established,  and 
for  this  purpose  he  may  examine  such  witnesses  as  to  him  or 
the  parties  in  interest  shall  seem  proper  and  sufficient  to  give 
him  such  information  as  is  necessary  to  carry  out  the  pro- 
visions of  this  act.  (Laws  1911,  ch.  274,  sec.  1.) 

SEC.  253.    Boundary  Lines  Reestablished  in  Case  of  Error. 

That  in  any  county  where  the  records  of  the  boundary  lines 
of  school  districts  heretofore  established  have  been  lost  or 
destroyed,  and  an  attempt  has  been  made  to  reestablish  said 
lines,  where  it  becomes  evident  to  the  county  superintendent 
that  the  attempted  reestablishment  has  been  wrong  and  that  a 
mistake  has  been  made  in  the  reestablishment,  the  said  su- 
perintendent shall  have  the  same  right  to  reestablish  said  lines 
as  conferred  in  section  1  herein,  notwithstanding  the  attempted 
reestablishment  heretofore  made.  (Laws  1911,  ch.  274,  sec.  2.) 

SEC.  254.  Indebtedness  of  Depopulated  District.  [7414] 
That  when  a  school  district  having  a  floating  indebtedness, 
consisting  of  outstanding  school  orders,  is  now  or  shall  here- 
after become  depopulated,  it  shall  be  the  duty  of  the  county 
commissioners,  on  information  furnished  by  the  county  super- 
intendent, to  provide  for  the  payment  of  such  outstanding 
indebtedness  by  making  a  levy  of  taxes  therefor  upon  the 
property  of  such  depopulated  district,  which  shall  be  extended 
by  the  county  clerk  on  the  tax-roll  the  same  as  other  taxes; 
provided,  that  no  levy  shall  exceed  twenty  mills65  on  the  dollar 
in  any  one  year.  (Laws  of  1893,  ch.  135,  sec.  1.) 

SEC.  255.  County  Treasurer  Shall  Pay  Orders.  [7415] 
That  the  county  treasurer  shall  pay  all  school  orders  mentioned 
in  the  preceding  section  out  of  any  funds  standing  to  the  credit 
of  the  school  district  on  which  said  school  orders  are  drawn ; 

65.  Four  mills.  Changed  by  Laws  1909,  ch.  245,  sec.  25  (section  517 
of  this  book). 


CH.  9]  COUNTY   SUPERINTENDENT.  97 

provided,  that  the  county  superintendent's  order  for  the  pay- 
ment of  the  same  shall  be  attached  to  such  school  order.  (Laws 
1893,  ch.  135,  sec.  2.) 

SEC.    256.      Depopulated    District    May    be    Disorganized. 

[7416]  That  the  county  superintendent  may,  in  his  discretion, 
after  all  indebtedness00  has  been  fully  paid  and  canceled,  de- 
clare such  depopulated  school  district  disorganized,  and  attach 
the  territory  belonging  thereto  to  adjoining  school  districts. 
(Laws  1893,  ch.  135,  sec.  3.) 

SEC.  257.  When  District  Depopulated.  [7417]  The  term 
"depopulated  school  district"  as  used  in  this  act  shall  be  held 
to  mean  a  school  district  having  fewer  than  five  legal  voters 
therein  and  fewer  than  seven  persons  between  the  ages  of  five 
and  twenty-one  years;  such  fact  to  be  determined  by  the 
county  superintendent.  It  shall  be  the  duty  of  the  county 
superintendent,  upon  the  filing  of  a  written  request  by  the 
holder  of  an  outstanding  school  order,  to  make  an  investigation 
of  the  school  district  issuing  such  order,  and  report  to  the 
board  of  county  commissioners  the  facts  as  to  the  population 
as  aforesaid ;  and  such  report  shall  be  conclusive  on  that  ques- 
tion. (Laws  1907,  ch.  322,  sec.  1.) 

SEC.  258.  Partially  Depopulated  Districts  May  be  Disor- 
ganized. [7418]  That  the  superintendent  of  public  instruc- 
tion in  any  county  is  hereby  empowered  to  disorganize  par- 
tially depopulated  school  districts  in  his  county ;  or  in  counties 
where  joint  school  districts  exist,  the  superintendent  having 
jurisdiction  over  the  major  portion  of  said  school  districts 
shall  have  full  power  to  act,  and  the  officers  in  said  county 
shall  have  full  control  to  levy  tax,  and  certify  the  same  to  the 
proper  officers  out  of  said  county  having  taxable  property  in 
said  joint  school  district,  who  shall  place  the  same  on  the  tax- 
rolls  of  their  respective  counties,  and  collect  the  same  as  other 
school  tax  levied  in  their  respective  counties,  and  when  col- 
lected they  shall  pay  the  same  to  the  proper  officers  of  said 
county  in  which  said  major  portion  is  located,  taking  a  receipt 
therefor,  and  the  county  treasurer  and  county  superintendent 
shall  proceed  to  disburse  said  funds  so  collected  the  same  as  in 
section  7G7  of  this  act.  (Laws  1901,  ch.  307,  sec.  1.) 

SEC.  259.  Partially  Depopulated  District  Defined.  [7419] 
For  the  purposes  of  this  act,  a  school  district  shall  be  deemed 
partially  depopulated  when  the  number  of  persons  resident 
thereof  over  the  age  of  five  years  and  under  the  age  of  twenty- 
one  years  shall  be  less  than  twelve.  (Laws  1907,  ch.  323,  sec.  1.) 

SEC.  260.  Petition  for  Disorganization.  [7420]  That  such 
action  shall  not  be  taken  by  the  county  superintendent  of  any 

66.  Does  not  refer  to  bonded  indebtedness. 

67.  See  section  263  of  this  book. 

—7 


98  COUNTY   SUPERINTENDENT.  [CH.  9 

such  county  unless  there  shall  be  presented  to  him  a  petition 
signed  by  two-thirds  of  the  bona  fide  residents  of  such  school 
district  having  the  qualifications  of  school-district  electors, 
and  who  have  resided  continuously  for  one  year  in  said  school 
district,  requesting  such  disorganization;  provided,  that  such 
disorganization  shall  not  be  final  until  approved  by  the  board 
of  county  commissioners  of  the  county  in  which  the  disorgan- 
ized school  district  is  situated;  and  provided  further,  that  in 
any  such  school  district  where  the  whole  number  of  district 
electors  shall  be  less  than  six,  and  the  number  of  residents  of 
such  district  over  the  age  of  five  years  and  under  the  age  of 
twenty-one  years  shall  be  less  than  five,  the  county  superin- 
tendent shall  act  without  petition,  when  so  directed  by  the 
board  of  county  commissioners  of  such  county.  (Laws  1901, 
ch.  307,  sec.  3.) 

SEC.  261.  Territory  Attached  to  Adjacent  District.  [7421] 
The  county  superintendent  may  attach  the  territory  of  any 
school  district  disorganized  under  the  provisions  of  this  act  to 
any  adjacent  school  district  or  school  districts,  but  such  attach- 
ment shall  not  become  effective  until  approved  by  the  board  of 
county  commissioners.  (Laws  1901,  ch.  307,  sec.  4.) 

SEC.  262.     Floating  Indebtedness  of  Disorganized  District. 

[7423]  That  if  any  school  district  so  disorganized  shall  at  the 
time  of  its  disorganization  have  a  floating  indebtedness  con- 
sisting of  outstanding  school  orders,  it  shall  be  the  duty  of  the 
county  commissioners  of  the  county,  on  information  furnished 
by  the  county  superintendent,  to  provide  for  the  payment  of 
such  outstanding  indebtedness  by  making  a  levy  of  taxes 
therefor  upon  all  the  real  and  personal  property  in  the  terri- 
tory of  the  disorganized  school  district,  which  tax  shall  be 
entered  by  the  clerk  of  the  county  on  the  tax-roll  the  same  as 
other  taxes ;  provided,  that  no  such  levy  shall  exceed  ten  mills68 
on  the  dollar  of  the  assessed  valuation  in  any  one  year.  (Laws 
1901,  ch.  307,  sec.  6.) 

NOTE. — See  section  39  of  this  book  for  disposition  of  bonded  indebted- 
ness of  disorganized  school  districts. 

SEC.  263.  Orders  Paid  by  County  Treasurer.  [7424]  That 
the  county  treasurer  shall  pay  all  school  orders  mentioned  in 
the  preceding  section  out  of  any  fund  collected  from  the  school 
taxes  created  by  the  special  levy  provided  for  in  section  6  of 
this  act;09  provided,  that  no  such  school  order  shall  be  paid 
unless  accompanied  by  an  order  from  the  county  superintend- 
ent directing  its  payment.  (Laws  1901,  ch.  307,  sec.  7.) 

SEC.  264.  Disposition  of  Funds.  [7425]  If  at  the  time  of 
the  disorganization  of  any  school  district  as  herein  provided 

68.  Two  and  one-half  mills.     Changed  by  Laws  1909,  ch.  245,  sec.  25 
(section  517  of  this  book). 

69.  Section  262  of  this  book. 


CH.  9]  COUNTY   SUPERINTENDENT.  99 

for  such  district  shall  have  in  the  hands  of  its  treasurer  or  of 
the  county  treasurer  of  the  county  moneys  belonging  to  it,  or 
any  unpaid  taxes  levied  for  the  payment  of  its  indebtedness, 
bonded  or  floating,  such  money  shall  be  first  applied  to  its 
indebtedness,  floating  or  bonded ;  and  if  any  money  remain 
thereafter,  then  such  money  shall  be  distributed  among  the 
school  districts  to  which  such  territory  shall  be  attached,  in 
such  manner  and  amount  as  shall  be  directed  by  the  county 
superintendent,  who  shall  include  in  the  order  for  the  disor- 
ganization of  such  district  an  order  for  the  distribution  of  its 
moneys  as  herein  provided.  (Laws  1901,  ch.  307,  sec.  8.) 

SEC.  265.  Disposition  of  Property.  [7426]  The  buildings 
and  other  property  which  may  belong  to  any  school  district 
which  may  be  hereafter  disorganized  shall  be  sold  by  the 
county  superintendent  to  the  highest  bidder  for  cash  in  hand, 
after  having  given  thirty  days'  public  notice  thereof  by  pub- 
lication in  a  newspaper  published  in  said  county  and  by  post- 
ing not  less  than  five  written  or  printed  notices  in  conspicuous 
places  in  said  district.  The  proceeds  of  said  sale  shall  be  de- 
posited with  the  county  treasurer  of  said  county  and  shall  be 
applied  to  the  payment  of  debts  of  said  school  district,  giving 
the  preference  to  floating  debts,  if  there  be  any.  If  there  be 
no  debts,  or  if  there  be  any  proceeds  left  after  the  payment 
of  debts,  said  proceeds  shall  be  turned  into  the  county  school 
fund  for  the  use  and  benefit  of  the  school  district  to  which 
said  disorganized  territory  is  attached;  provided,  that  the 
school  district  to  which  said  territory  is  attached  may  bid  for 
and  purchase  said  property  and  pay  for  same  out  of  general 
fund.  (Laws  1901,  ch.  307,  sec.  9.) 

SEC.  266.  Territory  Not  Liable  for  Debts.  [7427]  The 
territory  of  any  school  district  so  disorganized  shall  not  be 
liable  for  any  debt,  floating  or  bonded,  or  any  contract  of  any 
district  to  which  it  may  be  attached  existing  at  the  time  of  such 
attachment.  (Laws  1901,  ch.  307,  sec.  10.) 

SEC.  267.  Annexation  of  School  Districts.  [7440]  When- 
ever any  school  district  within  this  state  shall  fail  or  neglect 
to  maintain  a  school  for  at  least  three  months  in  one  year,  for 
a  consecutive  term  of  three  years,  such  school  district  shall  be 
annexed  to  adjoining  districts;  provided,  that  this  act  shall 
not  apply  to  districts  that  have  made  proper  levies  for  the 
tuition  and  transportation  of  its  pupils  to  other  schools.  (Laws 
1909,  ch.  206,  sec.  1.) 

SEC.  268.  Division  of  Districts  Annexed.  [7441]  For  the 
purpose  of  carrying  out  this  act  it  shall  be  the  duty  of  the 
county  superintendent  to  divide  such  districts  in  such  a  man- 
ner as  to  equalize  as  nearly  as  practicable  the  territory  in  area 
and  taxable  property.  (Laws  1909,  ch.  206,  sec.  2.) 

SEC.  269.  Other  Duties;  Deputy.  [7394]  He  shall  dis- 
charge such  other  duties  as  may  be  prescribed  by  law,  and  in 


100  COUNTY   SUPERINTENDENT.  [CH.  9 

case  of  sickness  or  temporary  absence  he  may  employ  a  deputy. 
He  shall  deliver  to  his  successor,  within  ten  days  after  the  ex- 
piration of  his  term  of  office,  all  books  and  papers  appertain- 
ing to  his  office.  (Laws  1881,  ch.  152,  sec.  14.) 

SEC.  270.  Neglect  or  Refusal  to  Perform  Duty.  [7395] 
Every  county  superintendent  who  shall  neglect  or  refuse  to 
perform  any  act  which  it  is  his  duty  to  perform,  or  shall  cor- 
ruptly or  oppressively  perform  any  such  duty,  he  shall  forfeit 
his  office,  and  shall  be  liable  on  his  official  bond  for  all  dam- 
ages occasioned  thereby,  to  be  recovered  in  the  name  of  the 
state  for  the  benefit  of  the  proper  party,  district,  or  county. 
(Laws  1881,  ch.  152,  sec.  15.) 

SEC.  271.  Agent  of  State  Orphans'  Home.70  [8526]  The 
superintendents  of  public  instruction  in  the  several  counties 
of  the  state  are  hereby  designated  as  the  agents  of  the  Sol- 
diers'71 Orphans'  Home  in  their  respective  counties.  It  shall 
be  the  duty  of  said  agents  to  visit  the  children  who  are  placed 
in  homes  in  their  respective  counties  twice  each  year,  and  at 
such  other  times  as  the  superintendent  of  the  home  may  re- 
quest ;  and  they  shall  make  written  reports  of  the  condition  of 
each  child  visited,  upon  blanks  to  be  provided  by  the  board  of 
trustees  for  that  purpose,  and  forward  the  same  to  the  super- 
intendent of  the  home,  who  shall  record  and  file  the  same  in  a 
proper  manner.  Said  agents  shall  receive,  as  full  compensa- 
tion for  the  services  performed  under  the  provisions  of  this  act, 
their  actual  necessary  official  expenses,  together  with  the  sum 
of  three  dollars,  in  full  for  all  services  and  report  of  each  case 
visited,  but  not  exceeding  three  dollars  for  any  day's  services. 
All  accounts  for  such  services  shall  be  rendered  to  the  super- 
intendent of  said  home,  and  shall  be  verified,  audited  and  paid 
in  the  same  manner  as  other  accounts  against  said  home  are 
paid.  (Laws  1889,  ch.  236,  sec.  6.) 

SEC.  272.  Unlawful  for  County  Superintendent  to  Purchase 
School  Lands.  [7671]  It  shall  be  unlawful  for  the  county 
superintendent  appointing  the  appraisers,  or  the  persons  ap- 
praising the  lands,  to  purchase,  either  directly  or  indirectly, 
any  portion  of  the  lands  appraised  by  them.  (Laws  1876,  ch. 
122,  art.  14,  sec.  18.) 

SEC.  273.  Trespassers  on  School  Lands.  [7679]  It  shall  be 
the  duty  of  the  county  superintendent  of  public  instruction,  the 
district  directors,  clerks  and  treasurers,  and  all  sheriffs  and 
constables,  to  take  notice  of  all  trespasses  committed  on  school- 
lands  in  their  respective  counties,  and  immediately  file  a  com- 
plaint against  any  person  violating  this  act,  before  the  proper 
authorities.  (Laws  1876,  ch.  122,  art.  14,  sec.  30.) 

70.  This  section  is  probably  repealed  by  implication  by  the  following 
laws :    Sections  44,  45  and  46,  chapter  353,  Laws  of  1901 ;  section  6,  chap- 
ter 482,  Laws  of  1903 ;  section  13,  chapter  475,  Laws  of  1905. 

71.  The  name  was  changed  to  "State  Orphans'  Home"  in  1909. 


CH.  10] 


SCHOOL  DISTRICTS, 


101 


CHAPTER  X.— Districts. 
ARTICLE  I.— School  Districts. 


§274.  When  organized. 

275.  Body  corporate. 

276.  Formation  of  joint  districts. 

277.  Name  of  joint  district;    alteration  of 

boundaries. 

278.  Appeal  to   state  superintendent. 

279.  Joint-district  fund. 

280.  Annual  and  special  meetings. 

281.  Business   of   annual  meeting   at   spe- 

cial meeting. 

282.  Notice   of   meetings. 

283.  Qualified  voters. 

284.  Challenge. 

285.  Powers  of  district  meeting. 

286.  Limitation  of  levy. 

287.  School  term. 

288.  Minimum  term. 

289.  State  and  county  aid. 

290.  Duties  of  county  superintendent  and 

county    commissioners. 

291.  Duties     of     county     superintendent, 

state     superintendent     and     state 
treasurer. 

292.  Amount  apportioned  to  each  district. 


§293.   County  superintendent  to  provide   a 

school,    when ;    penalty. 
294.  Restrictions     on     the     formation     of 

:iew    districts. 
-.95.  Appropriation  for  state  aid. 

296.  Auditor  to  draw  warrants. 

297.  School    discontinued;    pupils    sent    to 

adjacent    districts;    compensation. 

298.  District    may    send    pupils    to    other 

schools;  expenses. 

299.  May   send   children   to  more    conven- 

ient school;   privilege  of  property 
owner. 

300.  Compensation      for     conveyance     of 

pupils. 

301.  District    board    may    provide    trans- 

portation. 

302.  Change   of   site. 

303.  Appraisement. 

304.  Site  condemned. 

305.  Schoolhouse      site      acquired      from 

school  lands. 

306.  Territory    annexed   to   city. 

307.  Distribution  of  property. 

308.  Appeal. 


SECTION  274.  When  Organized.  [7396]  Every  school  ^  dis- 
trict shall  be  deemed  duly  organized  when  the  officers  constitut- 
ing the  district  board  shall  have  been  elected  and  qualified,  and 
shall  have  signified  their  acceptance  to  the  county  superin- 
tendent in  writing,  which  the  superintendent  shall  file  in  his 
office.72  (Laws  1876,  ch.  122,  art.  3,  sec.  1.) 

SEC.  275.  Body  Corporate.  [7397]  Every  school  district 
organized  in  pursuance  of  this  act  shall  be  a  body  corporate, 
and  shall  possess  the  usual  powers  of  a  corporation  for  public 
purposes,  by  the  name  and  style  of  school  district  No.  — 
(such  a  number  as  may  be  designated  by  "the  county  super- 
intendent) , county  (the  name  of  the  county  in  which  the 

district  is  situated),  state  of  Kansas,  and  in  that  name  may 
sue  and  be  sued,  and  be  capable  of  contracting  and  being  con- 
tracted with,  and  holding  such  real  and  personal  estate  as  it 
may  come  into  possession  of  by  will  or  otherwise,  or  as  is 
authorized  to  be  purchased  by  the  provisions  of  this  act. 
(Laws  1876,  ch.  122,  art.  3,  sec.  2.) 

SEC.  276.  Formation  of  Joint  Districts.  That  section  7398 
of  General  Statutes  of  Kansas  of  1909,  be  amended  to  read  as 
follows :  "Sec.  7398.  When  it  shall  become  necessary  to  form 
a  school  district  lying  partly  in  two  or  more  counties,  the 
county  superintendents  of  the  counties  in  which  the  said  tract 
of  country  shall  be  situated,  when  application  shall  be  made 
in  writing  to  any  one  of  them  by  five  householders,  residents 

72.  Officers  elected  at  the  first  district  meeting  hold  office  only  until 
the  next  annual  meeting. 


102  SCHOOL  DISTRICTS.  [CH.  10 

therein,*  sfosttl,  it'  -by  them  deemed  necessary,  meet  and  proceed 
to  lay  off  and  form  the  same  into  a  school  district,  issue  notices 
for  the  first  district  meeting,  and  shall  file  the  proper  papers  in 
their  respective  offices ;  provided,  that  whenever  a  resident  of 
a  school  district  desires  his  property  attached  to  an  adjacent 
district  situated  in  another  county,  he  may  make  application 
to  the  county  superintendent  of  the  county  in  which  he  lives 
and  the  county  superintendent  of  the  county  in  which  such 
adjacent  district  is  located  to  have  his  property  attached  to 
such  adjacent  district  for  school  purposes,  and  such  county 
superintendents,  if  by  them  deemed  necessary  and  for  the  best 
interests  of  the  applicant,  shall  attach  the  property  of  said 
applicant  to  the  adjacent  district;  provided  further,  that  no 
property  shall  be  attached  to  an  adjacent  district  situated  in 
another  county  until  notice  has  been  given  of  an  intention  so 
to  do  and  a  hearing  had  as  to  the  necessity  or  advisability  of 
attaching  such  territory  to  the  adjacent  district.  (Laws  1915, 
ch.  303,  sec.  1.) 

SEC.  277.    Name  of  Joint  District ;  Alteration  of  Boundaries. 

Such  district  so  organized  or  having  had  adjacent  territory  in 
another  county  attached  thereto  shall  be  designated  as  joint 

district  number  ,  counties  of  ,  and  the 

boundaries  of  such  district  shall  not  be  altered  except  by  the 
joint  action  of  the  superintendents  of  the  several  counties 
represented  in  said  district.  (Laws  1915,  ch.  303,  sec.  2.) 

SEC.  278.  Appeal  to  State  Superintendent.  That  if  in  the 
alteration  of  or  refusal  to  alter  the  boundaries  of  any  joint 
school  district  or  in  the  attaching  or  refusal  to.  attach  to  a 
school  district  adjacent  territory  situated  in  another  county, 
any  person  or  persons  shall  feel  aggrieved,  such  person  or 
persons  may  appeal  to  the  state  superintendent  of  public  in- 
struction, and  notice  of  such  appeal  shall  be  served  on  the 
superintendents  o*f  the  several  counties  represented  in  said 
district  within  twenty  days  after  the  rendition  by  them  of  the 
decision  appealed  from,  which  notice  shall  be  in  writing,  and 
shall  state  fully  the  objections  to  the  action  of  the  county 
superintendent,  and  a  copy  thereof  shall  be  filed  with  the  state 
superintendent  of  public  instruction;  and  it  shall  be  the  duty 
of  the  county  superintendent  in  whose  possession  are  the 
papers  connected  with  the  action  appealed  from  to  transmit 
the  same  to  the  state  superintendent  of  public  instruction 
immediately  upon  being  served  with  notice  of  appeal  as  herein- 
before presented;  and  thereupon  the  state  superintendent  of 
public  instruction  shall  fix  a  time  for  the  hearing  of  said  appeal, 
and  notify  the  several  county  superintendents  interested,  and 
the  appellants,  thereof;  and  his  decision  on  said  appeal  shall 
be  final,  and  shall  be  by  him  certified  to  the  several  county 
superintendents  interested,  and  they  shall  take  action  in  ac- 
cordance therewith;  and  provided  further,  that  each  joint  dis- 


CH.  10]  SCHOOL  DISTRICTS.  103 

trict,  except  in  matters  relating  to  the  alteration  of  the  boun- 
daries thereof,  shall  be  under  the  jurisdiction  and  control  of  the 
superintendent  of  that  one  of  the  counties  represented  in  such 
district  which  has  the  largest  amount  of  territory  embraced 
within  the  boundaries  of  such  joint  district.  (Laws  1915,  ch. 
303,  sec.  3.) 

SEC.  279.  Joint-district  Fund.  [7399]  Whenever  it  shall 
appear  that  any  school  district  in  this  state  lies  or  is  in  two 
or  more  counties  it  shall  be  the  duty  of  the  treasurer  of  the 
county  or  counties  having  the  smaller  amount  of  territory  in 
said  district  to  transfer  to  the  treasurer  of  the  county  having 
the  greater  amount  of  territory  of  said  district,  before  the  10th 
day  of  January,  1st  day  of  July  and  20th  day  of  September 
of  each  year,  all  moneys  in  his  hands  belonging  to  said  dis- 
trict, including  all  moneys  for  the  payment  of  bonds  or  inter- 
est on  bonds  of  said  district ;  and  the  treasurer  receiving  said 
money  shall  issue  therefor  and  forward  to  the  treasurer  so 
sending  the  money  receipts  in  triplicate,  one  of  which  said 
treasurer  shall  file  with  the  county  clerk  of  the  county,  and 
the  board  of  county  commissioners  thereof  shall  give  said 
treasurer  proper  credit  therefor.  One  of  said  receipts  shall 
be  sent  to  the  county  clerk  of  the  county  to  which  the  money 
was  sent,  who  shall  charge  the  county  treasurer  with  the 
amount  thereof.  (Laws  1889,  ch.  226,  sec.  1.) 

SEC.  280.  Annual  and  Special  Meetings.  That  an  annual 
school  meeting  of  each  school  district,  of  each  consolidated 
school  district,  of  each  union  or  graded  school  district,  and  of 
each  school  district  for  which  the  date  of  the  annual  meeting 
has  been  fixed  by  a  special  act  of  the  legislature,  shall  be  held 
on  the  second  Friday  in  April  in  each  year,  at  two  o'clock  p.  m. 
Notice  of  the  time  and  place  of  said  annual  meeting  shall  be 
given  by  the  clerk  by  posting  written  or  printed  notices  in 
three  public  places  within  the  district  at  least  ten  days  before 
said  meeting.73  Special  meetings  may  be  called  by  the  district 
board  or  upon  a  petition  signed  by  ten  legal  voters  of  the  dis- 
trict, but  notice  of  such  special  meeting,  stating  the  purpose 
for  which  it  is  called,  shall  be  posted  in  at  least  three  public 
places  within  such  district  ten  days  previous  to  the  time  of  such 
meeting;  provided,  that  the  annual  school  meeting  for  union 
or  graded  school  districts  comprising  the  territory  of  two  or 
more  school  districts  shall  be  held  at  two  o'clock  p.  m.  on  the 
Thursday  immediately  preceding  the  second  Friday  in  April 
in  each  year.  (Laws  1911,  ch.  283,  sec.  1.) 

SEC.  281.    Business  of  Annual  Meeting  at  Special  Meeting. 

[7403]  Whenever  the  time  for  holding  an  annual  meeting  in 
any  district  shall  pass  without  said  meeting  being  held,  the 

73.  A  failure  on  the  part  of  the  district  clerk  to  post  the  notices  of  the 
time  and  place  of  the  annual  meeting  will  not  invalidate  the  proceed- 
ings of  said  meeting. 


104  SCHOOL  DISTRICTS.  [CH.  10 

clerk,  or,  in  his  absence,  any  other  member  of  the  district 
board,  within  twenty  days  after  the  time  for  holding  said 
annual  meeting  shall  have  passed,  may  give  notice  of  a  special 
meeting,  by  putting  up  written  notices74  thereof  in  three  public 
places  within  the  district,  at  least  five  days  previous  to  the 
time  of  meeting;  but  if  such  meeting  shall  not  be  notified 
within  twenty  days  as  aforesaid,  the  county  superintendent 
may  give  notice  of  such  meeting  in  the  manner  provided  for 
forming  new  districts ;  and  the  officers  chosen  at  such  special 
meeting  shall  hold  their  offices  until  the  next  annual  meeting, 
and  until  their  successors  are  elected  and  qualified.  (Laws 
1876,  ch.  122,  art.  3,  sec.  7.) 

SEC.  282.  Notice  of  Meetings.  [7404]  It  shall  be  the  duty 
of  the  clerk  to  give  at  least  ten  days'  notice  previous  to  any 
annual  or  special  district  meeting,  by  posting  up  notices  thereof 
at  three  or  more  public  places  in  the  district,  one  of  which 
notices  shall  be  affixed  to  the  outer  door  of  the  schoolhouse, 
if  there  be  one  in  the  district,  and  said  cleik  shall  give  the  like 
notice  of  every  adjourned  meeting,  when  such  meeting  shall 
have  been  adjourned  for  a  longer  period  than  one  month. 
Every  notice  for  a  special  district  meeting  shall  specify  the 
objects  for  which  such  meeting  is  called,  and  no  business  shall 
be  acted  upon  at  any  special  meeting  not  specified  in  said 
notice.  (Laws  1876,  ch.  122,  art.  3,  sec.  8.) 

SEC.  283.  Qualified  Voters.  [7405]  The  following  persons 
shall  be  entitled  to  vote  at  any  district  meeting:  (1)  All  per- 
sons possessing  the  qualifications  of  electors  as  defined  by  the 
constitution  of  the  state,  and  who  shall  have  been  in  good  faith 
residents  of  the  district  for  thirty75  days  next  prior  to  the 
time  of  offering  to  vote  at  said  election.  (2)  All  female  per- 
sons over  the  age  of  twenty-one  years,  not  subject  to  the  dis- 
qualifications named  in  section  2,76  article  5,  of  the  constitu- 
tion of  the  state,  and  who  shall  be  residents  in  good  faith  in 
the  district  for  thirty  days  next  prior  to  the  time  of  offering 
to  vote  at  said  election.77  (Laws  1889,  ch.  123,  sec.  1.) 

SEC.  284.  Challenge.  [7406]  If  any  person  offering  to  vote 
at  a  school-district  meeting  shall  be  challenged  as  unqualified 

74.  Notices  of  special  meetings  must  be  posted  as  required  by  law. 
A  failure  to  so  post  them  will  invalidate  the  action  of  the  meeting. 

75.  Voters  who  have  come  into  a  district  by  reason  of  attachment  of 
territory  to  said  district,  by  disorganization  of  said  voters'  original  dis- 
trict by  any  legal  process,  retain  all  rights  of  suffrage  at  school  elections 
and  meetings,  regardless  of  the  thirty-day  restriction. 

76.  See  section  171,  General  Statutes  of  1909. 

77.  Naturalization.     A  woman  of  foreign  birth  who  is  the  wife  of  a 
naturalized  foreigner,  but  who  has  not  herself  taken  out  naturalization 
papers,  is  entitled  to  vote  at  any  school-district  meeting,  provided  she 
possesses  the  other  necessary  qualifications.     The  naturalization  of  the 
husband  naturalizes  the  wife  and  all  children  who  are  under  the  age  of 
twenty-one  years. 


CH.  10]  SCHOOL  DISTRICTS.  105 

by  any  legal  voter,  the  chairman  presiding  shall  declare  to 
the  person  challenged  the  qualifications  of  a  voter,  and  if  such 
challenge  be  not  withdrawn,  the  chairman,  who  is  hereby  au- 
thorized, shall  tender  to  the  person  offering  to  vote  the  follow- 
ing oath  or  affirmation:  "You  do  solemnly  swear  (or  affirm) 
that  you  are  an  actual  resident  of  this  school  district,  and  that 
you  are  qualified  by  law  to  vote  at  this  meeting."  Any  person 
taking  such  oath  or  affirmation  shall  be  entitled  to  vote  on  all 
questions  voted  upon  at  such  meeting.  (Laws  1876,  ch.  122, 
art.  3,  sec.  10.) 

SEC.  285.  Powers  of  District  Meeting.  [7407]  The  inhab- 
itants qualified  to  vote  at  a  school  meeting  lawfully  assembled 
shall  have  power:  First,  to  appoint  a  chairman  to  preside 
over  said  meeting  in  the  absence  of  the  director;  second,  to 
adjourn  from  time  to  time  ;78  third,  to  choose  a  director,  clerk 
and  treasurer,  who  shall  possess  the  qualifications  of  voters ; 
fourth,  to  designate  by  vote  a  site  for  a  district  schoolhouse; 
fifth,  to  vote  a  sum  annually,  not  exceeding  the  limit  fixed  by 
law,79  as  the  meeting  shall  deem  sufficient,  for  the  various 
school  purposes80  and  for  the  payment  of  any  floating  indebt- 
edness of  the  district,  and  distribute  the  amount  as  the  meet- 
ing shall  deem  proper  in  the  payment  of  teachers'  wages  and 
to  purchase  or  lease  a  site  (provided,  when  not  included  within 
the  limits  of  a  town  or  village,  said  site  shall  not  contain  less 
than  one  acre),  and  to  build,  hire  or  purchase  such  school- 
house,81  and  to  keep  in  repair  and  furnish  the  same  with  the 
necessary  fuel  and  appendages,  and  to  pay  any  floating  in- 
debtedness of  the  school  district ;  sixth,  to  authorize  and  direct 
the  sale  of  any  schoolhouse,  site  or  other  property  belonging 
to  the  district  when  the  same  shall  not  longer  be  needful  for 
the  use  of  the  district;  seventh,  to  give  such  direction  and 
make  such  provision  as  may  be  deemed  necessary  in  relation  to 
prosecution  or  defense  of  any  suit  or  proceedings  in  which  the 
district  may  be  a  party.  (Laws  1909,  ch.  214,  sec.  1.) 

SEC.  286.  Limitation  of  Levy.  Section  9417  of  the  General 
Statutes  of  1909  is  hereby  amended  so  as  to  read  as  follows: 
Sec.  9417.  The  authority  of  the  qualified  voters  of  any  school 

78.  Adjournment.    A  district  meeting  has  the  right  to  adjourn  from 
time  to  time,  and  if  an  adjournment  is  taken  to  a  particular  time,  any 
business  can  be  transacted  at  this  adjourned  session  that  might  have  been 
transacted  at  the  regular  meeting.     No  additional  notice  is  necessary, 
unless  the  meeting  shall  have  been  adjourned  for  a  longer  period  than 
one  month.     (See  sec.  282.) 

79.  Limited  to  four  and  one-half  mills,  Laws  1911,  ch.  268,  sec.  2  (see 
sections  289,  292  and  364  of  this  book).     For  means  of  increasing  this 
amount,  see  Laws  1909,  ch.  245,  sec.  27  (section  519  of  this  book).     The 
levy  must  be  made  in  money  and  not  in  mills. 

80.  More  than  one  school  may  be  established  within  a  school  district. 

81.  A  tax  may  also  be  levied  for  the  purpose  of  purchasing  a  district 
library.     (See  section  522  of  this  book.) 


108  SCHOOL  DISTRICTS.  [CH.  10 

district  at  the  annual  meeting,  as  provided,  to  vote  a  tax  for 
general  school  purposes  is  hereby  limited  to  the  extent  that 
no  tax  shall  be  voted  for  such  purpose  at  any  such  meeting 
which  shall  be  in  excess  of  four  and  one-half  mills82  upon  the 
dollar  of  all  the  taxable  property  of  any  such  school  district; 
provided  that  any  school  district  in  which  is  located  a  city  of 
the  third  class  and  which  maintains  an  accredited  high  school 
may  vote  a  tax  which  shall  not  be  in  excess  of  six  mills82  upon 
the  dollar  of  the  taxable  property  of  said  district.  (Laws  1915, 
ch.  358,  sec.  1.) 

SEC.  287.  School  Term.  [7408]  The  qualified  voters  at 
each  annual  meeting,  or  any  special  meeting  duly  called,  may 
determine  the  length  of  time  a  school  shall  be  taught  in  their 
district  for  the  ensuing  year,  which  shall  not  be  less  than  three 
months,  and  whether  the  school  money  to  which  the  district 
may  be  entitled  shall  be  applied  to  the  support  of  the  summer 
or  winter  term  of  school  or  a  certain  portion  of  each ;  but  if 
such  matters  shall  not  be  determined  at  the  annual  or  any 
special  meeting,  it  shall  be  the  duty  of  the  district  board  to 
determine  the  same.83  (Laws  1903,  ch.  436,  sec.  1.) 

SEC.  288.  Minimum  Term.  That  all  school  districts  in  which 
provision  is  not  made  for  the  free  tuition  and  comfortable 
transportation  of  all  pupils  to  a  public  school  in  some  other 
school  district  or  districts  for  not  less  than  seven  months  each 
school  year  shall  maintain  a  public  school  for  a  period  of  not 
less  than  seven  months  between  the  1st  day  of  September  and 
the  1st  day  of  the  following  June.  Cities  of  the  first  and  sec- 
ond class  shall  maintain  not  less  than  eight  months  of  school 
each  school  year.  (Laws  1911,  ch.  268,  sec.  1.) 

SEC.  289.  State  and  County  Aid.  That  for  the  purpose  of 
providing  at  least  seven  months  of  school  each  year  for  all  the 
youth  of  this  state,  whose  parents  or  guardians  live  in  public- 
school  districts  the  funds  of  which  are  not  sufficient  to  main- 
tain school  for  seven  months,  there  shall  be  paid  to  each  such 
district  by  the  state,  as  hereinafter  provided,  three-fourths  of 
the  difference  between  the  amount  necessary  to  maintain  seven 
months'  school  and  the  annual  income  of  the  district  from  all 
sources,  and  the  remaining  deficiency  to  the  amount  of  one- 
fourth  shall  be  a  proper  charge  upon  the  county  and  paid  as 
other  county  expenditures ;  provided,  that  no  aid  shall  be  given 
any  public-school  district  unless  said  district  shall  have  voted 
an  amount  of  money  representing  not  less  than  four  and  one- 
half  mills  of  the  assessed  valuation  of  such  district;  and  pro- 

82.  The  levy  may  be  increased  as  provided  in  section  519  of  this  book. 

83.  The  electors,  at  the  annual  or  a  special  meeting,  have  no  power 
to  determine  who  shall  or  who  shall  not  be  employed  as  teacher,  or  the 
compensation  such  teacher  shall  receive.    These  are  questions  to  be  deter- 
mined by  the  district  board. 


OH.  10]  SCHOOL  DISTRICTS.  107 

vided  further,  that  all  districts  receiving  aid  under  the  pro- 
visions of  this  act  shall  follow  the  course  of  study  as  prescribed 
by  the  State  Board  of  Education  and  shall  employ  a  qualified 
teacher  recommended  by  the  county  superintendent.  (Laws 
1911,  ch.  268,  sec.  2.) 

SEC.  290.  Duties  of  County  Superintendent  and  County 
Commissioners.  That  it  shall  be  the  duty  of  the  superintend- 
ent of  each  county  within  the  state  on  or  before  August  1st 
of  each  year,  under  oath,  to  certify  to  the  county  clerk  an  esti- 
mated amount  that  will  be  due  the  several  school  districts 
under  the  provisions  of  this  act  from  the  county  (and  it  shall 
then  be  the  duty  of  the  commissioners  to  provide  a  levy  suffi- 
cient to  raise  the  amount  required  for  the  current  school  year)  ; 
provided,  that  such  estimate  shall  include  a  statement  as  to 
each  district  concerned  as  to  valuation,  area,  school  census  and 
proposed  total  expenditures  for  teacher  and  incidental  ex- 
penses. (Laws  1911,  ch.  268,  sec.  3.) 

SEC.  291.  Duties  of  County  Superintendent,  State  Superin- 
tendent and  State  Treasurer.  That  it  shall  be  the  duty  of  the 
superintendent  of  each  county  within  the  state,  on  or  before 
the  second  Monday  in  January  of  each  year,  under  oath,  to 
certify  to  the  county  treasurer  the  total  amount  due  each  dis- 
trict from  the  state  and  from  the  county,  and  also  to  certify  to 
the  state  superintendent  of  public  instruction  the  number  of 
each  school  district  in  his  county  entitled  to  state  and  county 
aid  under  the  provisions  of  this  act,  the  tax  levy  for  each,  the 
expenditures  of  each,  the  amount  due  each  from  the  state,  the 
area,  the  school  census,  and  such  other  items  as  the  state  super- 
intendent may  require.  It  shall  be  the  duty  of  the  state  super- 
intendent, on  or  before  the  last  Monday  in  March  of  each  year, 
to  certify  the  amount  of  state  aid  due  the  several  districts  un- 
der the  provisions  of  this  act  to  the  several  county  treasurers, 
and  the  amount  due  each  county  to  the  state  auditor,  and  the 
state  auditor  shall  draw  warrants  on  the  state  treasurer  in 
favor  of  the  various  counties  for  the  sums  specified  by  the  state 
superintendent.  The  state  treasurer  shall  remit  said  amount  to 
the  county  treasurers  of  the  several  counties  entitled  to  the 
same,  who  shall  place  the  amounts  to  the  credit  of  the  proper 
districts  of  their  respective  counties  in  accordance  with  the  in- 
struction of  the  state  superintendent  and  as  certified  by  the 
cou-nty  superintendent;  provided,  that  at  the  same  time  the 
several  amounts  due  from  the  county  to  said  districts  shall  be 
placed  to  the  credit  of  such  districts.  (Laws  1911,  ch.  268, 
sec.  4.) 

SEC.  292.  Amount  Apportioned  to  Each  District.  That  to 
determine  the  amount  to  be  apportioned  to  each  district,  the 
county  superintendents  shall  find  the  estimated  expenditures  of 
the  district  for  the  current  year  and  subtract  therefrom  the 


108  SCHOOL  DISTRICTS.  [CH.  10 

estimated  income  of  that  district  from  all  sources  for  the  cur- 
rent year.  The  estimated  income  for  the  current  year  shall  be 
the  sum  of  all  moneys  belonging  to  the  district  on  hand  in  the 
district  and  county  treasuries,  plus  the  amount  which  a  levy  of 
a  four  and  one-half  mills  tax  upon  the  assessed  value  of  the  dis- 
trict will  raise,  plus  the  estimated  apportionment  of  the  state 
and  county  funds,  as  now  provided  by  law.  The  estimated  ex- 
penditures for  the  current  year  shall  be  the  amount  necessary 
to  provide  for  a  teacher,  fuel  and  incidentals,  and  to  maintain 
school  for  seven  months ;  and  shall  not  exceed  the  sum  of  $450 
for  any  one  year  to  schools  receiving  such  state  and  county 
aid.  (Laws  1911,  ch.  268,  sec.  5.) 

SEC.  293.  County  Superintendent  to  Provide  a  School, 
When;  Penalty.  That  upon  the  failure  of  any  school  district 
to  carry  out  the  provisions  of  section  1  of  this  act  the  county 
superintendent  shall  make  the  required  tax  levy  and  certify 
the  same  to  the  county  clerk  and.  proceed  to  carry  out  said 
provisions ;  and  after  September  1,  the  school  district  neglect- 
ing to  act,  he  shall  employ  a  teacher  and  make  all  necessary 
provisions  for  a  seven  months'  term  of  school,  and  the  district 
treasurer  shall  pay  such  itemized  expenses  as  are  certified  to  by 
the  county  superintendent.  The  county  superintendent  shall 
be  liable  under  section  7395  of  the  General  Statutes  of  1909 
for  neglect  or  refusal  to  perform  his  duties  as  provided  in  this 
act.  (Laws  1911,  ch.  268,  sec.  6.) 

SEC.  294.  Restrictions  on  the  Formation  of  New  Districts. 
That  new  districts  shall  not  be  formed  with  an  assessed  valua- 
tion of  less  than  $100,000,  and  territory  shall  not  be  detached 
from  any  school  district  the  assessed  valuation  of  property  of 
which  is  less  than  $100,000,  or  the  valuation  of  property  of 
which  would  thereby  be  reduced  below  $100,000.  (Laws  1911, 
ch.  268,  sec.  7.) 

SEC.  295.  Appropriation  for  State  Aid.  That  for  the  pur- 
pose of  carrying  out  the  provisions  of  chapter  268  of  the  Ses- 
sion Laws  of  1911,  providing  for  state  aid  for  certain  school 
districts,  there  is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated,  the  sum  of  twenty- 
five  thousand  dollars,  for  the  fiscal  year  ending  June  30,  1916, 
and  the  sum  of  twenty-five  thousand  dollars,  for  the  fiscal  year 
ending  June  30,  1917;  provided  that  if  the  amount  so  appro- 
priated is  not  sufficient  to  pay  the  full  sum  to  which  each  dis- 
trict is  entitled  under  the  provisions  of  said  chapter  268,  Ses- 
sion Laws  of  1911,  it  shall  be  divided  pro  rata  among  the  sev- 
eral districts  in  proportion,  for  the  amount  asked  for  by  the 
county  superintendent;  provided  further,  that  the  one-fourth 
to  be  paid  by  the  county  shall,  if  insufficient,  be  prorated 
among  the  districts  entitled  to  such  aid.  (Laws  1915,  ch.  66, 
sec.  1.) 


CH.  10]  SCHOOL  DISTRICTS.  109 

SEC.  296.  Auditor  to  Draw  Warrants.  The  auditor  of  state 
is  hereby  authorized  to  draw  his  warrants  upon  the  treasurer 
of  state  for  the  purposes  of  carrying  out  the  provisions  of 
chapter  268,  Session  Laws  of  1911,  and  in  accordance  with  the 
provisions  thereof.  (Laws  1915,  ch.  66,  sec.  2.) 

SEC.  297.    School  Discontinued;  Pupils  Sent  to  Adjacent  Dis- 
tricts; Compensation.    That  the  provisions  of  this  act  shall  not 
apply  to  districts  having  an  enumeration  of  less  than  fifteen 
children  of  school  age,  unless  said  districts  embrace  an  area  of 
twelve  square  miles  or  more;  provided,  that  whenever  the 
number  of  children  of  school  age  in  any  school  district  having 
an  area  of  less  than  twelve  square  miles  shall  be  found  to  be 
less  than  fifteen  by  the  annual  school  census  no  school  shall 
be  maintained  in  such  school  district  during  the  following 
year  (unless  such  a  district  by  reason  of  its  valuation  is  able  to 
maintain  a  seven  months'  school  without  state  or  county  aid), 
and  the  district  board  of  such  district  shall  make  provision  for 
sending,  for  a  period  of  not  less  than  seven  months,  the  pupils 
of  such  school  district  to  such  school  or  schools  in  an  adjacent 
district  or  districts  as  said  district  board  may  determine ;  pro- 
vided, that  there  is  a  school  in  an  adjacent  'district  to  which 
said  district  may  send  the  pupils.    As  full  compensation  for  the 
tuition  of  said  pupils  the  treasurer  of  the  district  from  which 
said  pupils  are  sent  shall  pay,  in  the  manner  prescribed  by  law, 
to  the  treasurer  of  the  district  or  to  the  board  of  education  of 
the  school  to  which  said  pupils  are  sent  an  amount  not  to  exceed 
the  average  cost  per  pupil  per  week  for  maintaining  the  school, 
exclusive  of  school  buildings,  school  site  and  permanent  im- 
provements; provided  further,  that  the  district  board  of  the 
district  in  which  school  is  discontinued  shall  provide  for  the 
transportation  of  the  pupils  of  said  district,  living  two  miles 
or  more  from  the  school  to  which  said  pupils  are  sent,  to  such 
school  or  schools  in  a  safe  and  comfortable  and  enclosed  con- 
veyance or  conveyances,  properly  heated,  and  the  expense  of 
such  transportation  shall  be  paid  by  the  school  district  in 
which  school  has  been  discontinued ;  provided  further,  that 
when  any  school  district  within  the  provisions  of  this  act,  hav- 
ing voted  an  amount  of  money  representing  not  less  than  four 
and  one-half  mills  of  the  assessed  valuation  of  such  district, 
finds  its  funds  insufficient  to  pay  the  tuition  and  cost  of  trans- 
portation as  herein  provided,  the  state  shall  pay  to  said  district 
schools  three-fourths  of  the  difference  between  the  amount 
raised  by  said  district  from  all  sources  for  school  purposes 
and  the  cost  of  tuition  and  transportation  of  pupils  therein, 
and  the  county  shall  pay  from  the  general  fund  one-fourth  of 
said  difference ;  provided,  that  not  more  than  seventy-five  dol- 
lars shall  be  given  to  any  district  whose  school  has  been  dis- 
continued according  to  the  provisions  of  this  act ;  and  provided 
further,  that  pupils  attending  school  in  another  school  district 
under  the  provisions  of  this  act  shall  have  the  same  legal 


110  SCHOOL   DISTRICTS.  [CH.  10 

rights,  including  the  right  of  admission,  and  be  under  the  same 
jurisdiction  as  the  pupils  residing  in  the  school  district  in 
which  the  school  is  conducted ;  provided,  that  such  admission 
shall  not  involve  the  addition  of  a  school  building  or  school 
buildings,  or  the  employment  of  an  additional  teacher;  pro- 
vided, that  any  district  having  an  area  of  less  than  twelve 
square  miles  and  a  school  population  of  less  than  fifteen  may 
maintain  its  school  for  not  less  than  seven  months  each  year, 
and  such  district  shall  not  receive  state  and  county  aid  in  ex-- 
cess of  fifty  dollars.  (Laws  1911,  ch.  268,  sec.  9.) 

SEC.  298.  District  May  Send  Children  to  Other  Schools ;  Ex- 
penses. [7412]  In  any  school  district,  if  in  the  judgment  of 
the  district  board,  the  county  superintendent  concurring,  the 
number  of  children  in  said  district  and  the  distance  of  same 
from  the  schoolhouse  would  not  warrant  the  continuance  of 
the  school  in  said  district,  it  shall  then  be  lawful  for  the  dis- 
trict, at  its  annual  or  special  meeting  called  for  the  purpose 
hereinafter  stated,  and  called  in  accordance  with  the  law  pro- 
viding for  special  meetings  in  school  districts,  to  make  pro- 
vision for  the  sending  of  the  children  of  such  district  to  such 
other  school  or  schools  as  may  seem  in  their  judgment  best, 
and  for  such  purpose  the  school  board  is  authorized  to  issue 
the  warrants  of  said  district  in  payment  of  expenses  and  tuition 
of  such  children ;  provided,  such  expense  and  tuition  shall  not 
exceed  ten  dollars  per  month  for  each  child  nor  forty-five  dol- 
lars in  any  one  month  for  all  of  said  children  that  may  be  sent 
to  other  schools;  and  provided  further,  that  such  discontinu- 
ance of  the  school  in  said  district  shall  not  bar  the  district  from 
its  share  of  the  state  school  fund,  if  said  children  are  continued 
in  the  school  or  schools  of  other  districts  the  full  time  required 
by  law  for  the  maintenance  of  school  in  the  districts.  (Laws 
1905,  ch.  386,  sec.  1.) 

SEC.  299.  May  Send  Children  to  More  Convenient  School; 
Privilege  of  Property  Owner.  [7413]  If  in  any  school  district 
there  are  children  for  whom  it  will  be  more  convenient,  by 
reason  of  distance  from  the  school  of  the  district  where  they 
live,  to  attend  school  in  another  district,  the  annual  school 
meeting  may  make  an  order  sending  such  children  to  the 
school  of  some  other  convenient  district,84  and  the  school  board 
is  hereby  authorized  to  issue  the  warrants  of  the  district  in 
payment  of  the  extra  expense  and  tuition  of  such  children; 
provided,  that  not  exceeding  four  dollars  per  month  .shall  be 
paid  for  each  child ;  provided  further,  that  the  children  of  any 
property-owner  owning  land  in  any  adjoining  school  district, 
other  than  in  towns  and  incorporated  cities,  may  have  the 
privilege  of  attending  school  in  such  adjoining  district  with- 
out extra  expense  and  tuition,  when  such  school  is  more  con- 

84.  It  is  not  mandatory  on  a  school  district  to  receive  the  pupils  or- 
dered to  be  sent  to  it  in  accordance  with  this  provision. 


CH.  10]  SCHOOL  DISTRICTS.  Ill 

venient  by  reason  of  distance  from  the  school  of  the  district 
in  which  they  live.85    (Laws  1907,  ch.  321,  sec.  2.) 

SEC.  300.  Compensation  for  Conveyance  of  Pupils.  [7429] 
That  in  any  school  district  where  there  are  pupils  living  not 
less  than  two  miles  and  not  more  than  three  miles  from  the 
schoolhouse  the  school  board  of  such  district  may,  and  where 
there  are  pupils  living  three  miles  or  more  from  the  school- 
house  such  school  board  shall,  allow  to  the  parent  or  guardian 
of  such  pupils  a  sum  not  to  exceed  fifteen  cents  per  day,  for 
not  to  exceed  one  hundred  days  in  each  year  as  compensation 
for  conveying86  such  pupils  to  and  from  the  school;  provided, 
that  no  such  compensation  be  allowed  unless  the  pupil  is  actu- 
ally conveyed  to  and  from  the  school.  (Laws  1907,  ch.  327, 
sec.  1.) 

SEC.  301.  District  Board  May  Provide  Transportation.  That 
the  district  board  of  any  school  district  may  provide  for  the 
comfortable  transportation  of  pupils  of  said  school  district  liv- 
ing two  and  one-half  or  more  miles  from  the  school  attended, 
by  the  usual  traveled  road,  in  a  safe  and  enclosed  conveyance 
or  conveyances,  properly  heated,  and  said  district  board  is  au- 
thorized to  establish  such  rules  and  regulations  as  may  be  nec- 
essary for  carrying  out  the  provisions  of  this  act.  (Laws  1911, 
ch.  273,  sec.  1.) 

SEC.  302.  Change  of  Site.87  [7409]  That  school  districts 
having  schoolhouses  the  value  of  which  is  not  less  than  $400, 
the  schoolhouse  site  shall  not  be  changed  except  by  a  vote  of 
at  least  two-thirds  of  the  legal  voters  of  such  district  in  favor 
of  such  change ;  and  in  districts  where  the  value  of  the  school- 
house  is  less  than  $400,  the  schoolhouse  site  shall  not  be 
changed  except  by  a  vote  of  a  majority  of  the  legal  voters 
of  the  district  in  favor  of  such  change.  (Laws  1903,  ch.  428, 
sec.  1.) 

SEC.  303.  Appraisement.  [7410]  The  value  of  school- 
houses  in  districts  desiring  to  change  the  schoolhouse  site  shall 
be  determined  by  three  appraisers  appointed  by  the  county 
commissioners.  (Laws  1903,  ch.  428,  sec.  2.) 

SEC.  304.  Site  Condemned.88  [7411]  In  case  any  school 
district  or  the  board  of  education  of  any  city  of  the  second 
class  can  not  by  purchase  at  reasonable  rates,  or  by  donation 
or  otherwise,  obtain  title  to  the  site  selected  by  such  school 

85.  The  supreme  court  has  decided  that  this  provision  is  constitutional. 
(See,  Evans  v.  School  District  No.  46,  81  Kan.  385.) 

86.  The  law  means  "not  to  exceed  fifteen  cents  per  day"  for  each  con- 
veyance, regardless  of  the  number  of  pupils  conveyed.    The  district  board 
must  allow  a  reasonable  amount. 

87.  The  vote  to  locate  the  school  site  after  it  has  been  changed  re- 
quires only  a  majority  of  those  voting  on  the  proposition. 

88.  See  sections  110  to  115  of  this  book. 


112  SCHOOL  DISTRICTS.  [CH.  10 

district ;  or  if  it  be  deemed  advisable  by  such  school  district  or 
by  the  district  board  to  add  other  ground  to  any  schoolhouse 
site  already  selected;  or  if,  in  good  faith,  but  by  mistake  or 
otherwise,  a  schoolhouse  has  been  or  shall  be  erected  wholly 
or  partially  upon  any  land  or  lot  to  which  said  school  district 
at  the  time  of  the  erection  of  such  school  building,  or  any 
addition  thereto,  had  not  acquired  title,  then,  and  in  any  such 
cases,  upon  the  written  application  of  the  district  board  of 
such  school  district,  or  a  majority  of  the  board,  it  shall  be  the 
duty  of  the  probate  judge  of  the  county  in  which  such  school 
district  is  situated  to  appoint  three  disinterested  freeholders 
of  such  county,  and  not  residents  of  such  school  district,  to 
condemn  and  appraise  such  site,  or  addition  thereto;  and  in 
case  such  land  or  lot  condemned  and  appraised  shall  be  an 
original  selection  for  a  schoolhouse  site,  the  amount  so  con- 
demned and  appraised  shall  not  exceed  one  and  one-half  acres ; 
and  if  it  be  for  an  addition  to  an  existing  site,  the  additional 
amount  condemned  and  appraised  shall  not,  with  the  original 
site,  exceed  one  and  one-half  acres.    Immediately  after  their 
appointment,  such  appraisers  shall  proceed,  and  condemn  and 
appraise  the  value  of  the  site  so  selected,  or  the  addition  to 
such  existing  site.    And  they  shall,  within  ten  days  thereafter, 
make  and  sign  a  report  describing  the  land  or  lot  so  con- 
demned, the  purpose  for  which  it  was  so  condemned,  and  the 
appraised  value  thereof,  which  report  shall  be  by  them  filed 
in  the  office  of  the  register  of  deeds  of  the  county  in  which 
such  land  or  lot  is  situated,  and  by  such  register  duly  recorded, 
as  other  instruments  of  writing  affecting  the  title  to  real 
estate  are  recorded.     In  appraising  any  schoolhouse  site,  or 
addition  thereto,  to  which  such  school  district  had  not  title 
at  the  time  of  erecting  any  schoolhouse,  or  addition  thereto, 
thereon,  said  appraisers  shall  exclude  from  their  appraisement 
the  value  of  such  schoolhouse,  or  addition,  and  appraise  such 
land  or  lot  at  its  value,  exclusive  of  such  building,  addition  or 
other  improvement  placed  thereon  in  good  faith,  but  by  mis- 
take  of   said   school   district   or   said   school-district   board. 
Within  thirty  days  after  the  report  of  said  appraisers  is  filed 
in  the  office  of  the  register  of  deeds,  the  district  board  of  such 
school  district  shall  pay  to  the  county  treasurer  of  the  county 
in  which  such  condemned  land  or  lot  is  situate,  for  the  use  of 
the  owner  of  such  lands  or  lot,  the  amount  of  the  appraised 
value  thereof,  and  also  fifty  cents  for  said  register  of  deeds 
for  recording  said  report.     And  upon  such  payment  being 
made  to  such  county  treasurer  by  such  district  board,  the  title 
to  such  site  or  addition  thereto  shall  vest  in  such  school  dis- 
trict.   Either  party,  the  owner  of  the  land  or  lot  condemned 
or  the  school  district,  may  appeal  from  such  appraisement  to 
the  district  court,  in  the  same  time  and  manner  that  appeals 
are  taken  from  the  judgments  of  justices  of  the  peace  in  civil 
actions.    (Laws  1885,  ch.  174,  sec.  1.) 


CH.  10]  SCHOOL  DISTRICTS,! 

SEC.  305.     Schoolhouse  Site  Acquired  from  School  Ldhds. 

[7653]  Any  school  district  shall  beTentitJed  to  purchase  arid 
acquire  for  schoolhouse  site  not  exceeding  two  acres  of  .any, 
school  lands  situated  in  such  district,,  ,but!  such  tract,  sh^ll!^e 
situated  on  one  of  the  boundary  lines  of  the  section  or  eros$r 
center  lines  thereof.  The  price,  to  j)e  paid,  for  such  lancj ;  by,  tfre 
said  school  district  shall  be  two  dollars  an  acre,  and,  .U.P.QJI 
presentation  to  the  county  clerk  of  a  petition  signed  by  %>.na,ar 
jority  of  the  legal  voters  of  the,  school  district,  and  the  pay- 
ment of  the  purchase  price  to  the  county  treasurer,  the,  county 
clerk  shall  issue  the  said  school  district  a  certificate  of  purr 
chase.  Upon  the  presentation  of  said  certificate  of  purchase 
to  the  auditor  of  state  he  shall  cause  to  be  issued  a  patent  for 
said  land,  but  said  certificate  of  •  purchase  and  said  patenjt 
shall  recite  that  upon  the  failure  of  said  school  district  to  us$ 
said  land  for  school  purposes /the  title  thereof  shall  be  for- 
feited and  revert  to  the  state  of  Kansas.  (Laws  1909,  ch.  218> 

Sec.  8.)        ,  :.,  '.,'    ,..'  ,    ....'.  :\   hns 

SEC.  306.  Territory  Annexed  to  City.  [7762]  When  all  the 
territory  of  a  school  district  shall  become  annexed  to  a  city 
of  the  first  or  second  class  by  the  e^tensipn  of  the  boundaries 
of  the  city,  all  the  school  property,  including  moneys  on  hand 
and  due  to  said  district,  together  with  all  records  and  papers 
belonging  to  said  district  board,  shall  be  transferred  to;  and 
the  title  vested  in,  the  board  ;of  education  of  such  eity>  and 
said  board  of  education  shall  assume  ari^  be  held:  resp.onsible 
for  the  legitimate  floating  and  bonded  indebtedness  of  such 
annexed  district.  (Laws  1893,  ch.  128,  sec.  1.)  ,);=!«' 

SEC.  307.  Distribution  of  Property.  [7763]  When,  by  ttl£ 
extension  of  the  limits  of  any  city  of  the  first  or  second^  clas&l 
a  part  of  the  territory  of  an  adjacent  district  is  annexed  td 
such  city,  it  shall  be  the  duty  of  the  county  superintendent 'to 
determine  the  present  value  of  all  the  school  property  of  such1 
district,  also  all  moneys  due  t(*  or  in  the  hands  of  the  dMr1&6 
treasurer,  and  to  equitably  apportion  the  amount  due  theK  dis* 
trict  board,  or  board  of  education,  .as  >the  case  may  <ber ,  ^he 
amount  due  to  the  district  board . or ;bpa^d.  of  education,  of  i 
city>  when,  ascertained  by  the  couniy  j  slup-erintenden^, 
be  .levied  upon  the  taxable  property  of  ;tJkiJat  district  or 
tion  found  to  be  in  debt,  and ^  shall  be  collected  in  te 
manner  as  if  the  same  had  been  aiith0riz;e(l  fay,  the  yote 
district  board  or  by  the  board  of.  ^ducation  of  such  , 
when  cpll^cted. it  shall  be  paid  to ,pie  ,tre^urer  .of 
or  board,  of^education  to  which  :it',}s 'i$#$^  ••  The  boarc[  pf 
tion,  or  the  .district  b;6ard ;  retaining, inprsphpolhouse/ 
sum^th^ bonded  indebtedness. incurjrjed  i^ujlding and 
ing  such  schoolhouse.  All  unadjusted  claims  of  cities  anid  school 
districts  -arising  from  such  annexation  previous  to  th^ 

'  '  '  '  "  ''  • 


114 


DISTRICT  SCHOOLS. 


[CH.  10 


of  this  act  shall  be  adjusted  in  accordance  with  provisions  of 
this  section.     (Laws  1893,  ch.  128,  sec.  2.) 

SEC.  308.  Appeal.  [7764]  If,  in  the  adjustment  of  school 
property  where  a  part  of  a  school  district  has  been  annexed  to 
a  city  of  the  first  or  second  class,  any  person  or  persons  shall 
feel  aggrieved  by  the  decision  rendered  by  the  county  superin- 
tendent, an  appeal  may  be  taken  to  the  board  of  county  com- 
missioners ;  but  a  notice  of  such  appeal  must  be  served  upon 
the  county  superintendent  in  writing  within  ten  days  after  the 
rendition  of  his  decision  in  adjusting  the  rights  of  the  school 
district  and  the  city  school  district.  Such  notice  shall  state 
fully  the  objections  to  the  action  of  the  county  superinendent, 
a  copy  of  which  shall  be  filed  with  the  county  clerk,  and  also 
with  the  clerk  of  the  district,  or  with  the  secretary  of  the  board 
of  education,  as  the  case  may  be,  affected  by  such  decision. 
Such  appeal  shall  be  heard  and  decided  by  a  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting, 
and  their  decision  shall  be  final.  (Laws  1893,  ch.  128,  sec.  3.) 


ARTICLE  II.— District  Schools. 


§309.   Branches      taught;      instruction      in 
English  language. 

310.  Course  of  studv  for  common  schools. 

311.  Major  subjects. 

312.  Assistants  to  state  board. 

313.  When   course   shall  be  ready. 

314.  Distribution. 

315.  Act  does  not  apply  to  cities. 

316.  School  districts  shall  use. 

317.  Common  school  diplomas. 


§318.  Average  grade  and  subjects  required. 

319.  Examination;    diplomas;    expenses. 

3°0.  Questions  prepared  by  state  board. 

321.  Examinations  uniform. 

3  '  ?.  School  month. 

323.  Free  schools. 

324.  Penalty. 

325.  Contagious  disease. 

326.  Contagions  disease;   duty  of  parents. 

327.  Tuition   fee. 


SECTION  309.  Branches  Taught;  Instruction  in  English  Lan- 
guage. [7478]  That  in  each  and  every  school  district  shall  be 
taught  orthography,  reading,  writing,  English  grammar, 
geography,  arithmetic,  history  of  the  United  States,  and  his- 
tory of  the  state  of  Kansas,  and  such  other  branches  as  may 
be  determined  by  the  district  board;89  provided,  that  the  in- 
struction given  shall  be  in  the  English  language.  (Laws  1903, 
ch.  435,  sec.  1.) 

SEC.  310.  Course  of  Study  for  Common  Schools.  It  shall  be 
the  duty  of  the  State  Board  of  Education,  sitting  in  extra  ses- 
sion with  such  assistants  as  shall  hereinafter  be  provided,  to 
prepare  a  course  of  study  for  the  common  schools  of  the  state 
of  Kansas,  below  the  high-school  grades,  which  course  of  study 
shall  be  so  arranged  that  no  pupil  of  the  common  schools  shall 
be  required  to  study,  prepare  or  recite  recitations  in  more  than 
six  of  the  subjects  comprising  the  curriculum  of  the  common 
schools  during  any  school  term,  a  school  term  to  consist  of 
one-half  of  a  school  year,  the  said  course  of  study  shall  be 
based  entirely  upon  the  texts  duly  adopted  by  the  State  School 

89.  Instruction  must  also  be  given  in  physiology  and  hygiene  with 
special  reference  to  the  effects  of  alcoholic  stimulants  and  narcotics. 
(Sefc  section  95  of  this  book.) 


CH.  10]  DISTRICT   SCHOOLS.  115 

Book  Commission  and  shall  require  the  use  of  said  adopted 
texts  in  those  grades  corresponding  to  the  grade  of  the  adopted 
text.  (Laws  1913,  ch.  272,  sec.  1.) 

SEC.  311.  Major  Subjects.  For  the  purposes  of  this  act,  cer- 
tain subjects  shall  be  designated  as  major  subjects  as  herein- 
after stated  and  the  pupils  of  each  grade  shall  prepare,  study 
and  recite  in  all  of  the  major  subjects  designated  for  that 
grade,  and  such  other  subjects  as  shall  be  required  for  each 
and  every  grade  as  provided  for  by  the  course  of  study  which 
shall  be  prepared  in  pursuance  with  the  provisions  of  this  act. 
Arithmetic  shall  be  made  a  major  subject  for  six  years;  read- 
ing, spelling  and  writing  for  six  years;  grammar  for  three 
years;  agriculture  for  one  year;  elementary  physiology  and 
hygiene  for  one  year;  United  States  history  one  year  and 
civics  one  term.  (Laws  1913,  ch.  272,  sec.  2.) 

SEC.  312.  Assistants  to  State  Board.  It  shall  be  the  duty  of 
the  governor  to  appoint  upon  the  recommendation  of  the  state 
superintendent  of  public  instruction  assistants  to  the  State 
Board  of  Education  for  the  purpose  of  helping  in  the  prepara- 
tion of  the  course  of  study  for  the  common  schools  as  provided 
for  in  this  act  as  follows :  two  county  superintendents  of  pub- 
lic instruction,  and  two  other  persons  thoroughly  acquainted 
with  the  work  and  the  needs  of  the  rural  schools,  and  each  of 
such  assistants  shall  receive  as  compensation  a  sum  of  three 
dollars  ($3.00)  per  day  .for  a  period  of  not  to  exceed  fifteen 
days  and  the  actual  expenses,  excepting  the  county  superin- 
tendents of  public  instruction  who  shall  receive  their  actual 
expenses  while  engaged  in  the  work  hereinbefore  mentioned. 
(Laws  1913,  ch.  272,  sec.  3.) 

SEC.  313.  When  Course  Shall  be  Ready.  The  State  Board 
of  Education  shall  meet  to  commence  the  work  of  preparing 
the  course  of  study  as  provided  for  in  this  act  on  the  first 
Monday  in  April,  A.  D.  1913,  and  shall  continue  work  on  the 
same  as  convenient;  provided,  that  the  completed  course  of 
study  shall  be  ready  and  in  the  hands  of  the  state  printer  on 
or  before  the  first  day  of  June,  A.  D.  1913.  (Laws  1913,  ch.  272, 
sec.  4.) 

SEC.  314.  Distribution.  The  state  printer  shall  print  and 
have  ready  for  distribution  by  August  1st,  ten  thousand  copies 
of  the  course  of  study  as  hereinbefore  provided  for,  which  the 
state  superintendent  shall  thereupon  immediately  distribute  to 
county  superintendents,  who  shall  place  a  copy  in  the  hands  of 
each  teacher  in  his  county  as  the  property  of  the  district. 
(Laws  1913,  ch.  272,  sec.  5.) 

SEC.  315.  Act  Does  Not  Apply  to  Cities.  The  provisions  of 
this  act  shall  not  apply  to  cities  of  the  first,  second  or  third 
class.  (Laws  1913,  ch.  272,  sec.  6.) 


116  DISTRICT   SCHOOLS.  [CH.  10 

SEC.  316.  School  Districts  Shall  Use.  Every  school  district 
in  Kansas  for  which  this  course  of  study  is  intended,  shall  use 
the  same  as  the  basis  of  its  school  work.  (Laws  1913,  ch.  272, 
sec.  7.) 

SEC.  317.  Common  School  Diplomas.  Any  person  who  shall 
complete  the  course  of  study,  prescribed  by  the  State  Board 
.of  Education,  for  rural  schools  and  the  grades  in  schools  hav- 
ing two  or  more  teachers,  in  a  satisfactory  manner ;  who  shall 
give  evidence  of  a  good  moral  character;  and  who  shall  fulfill 
the  further  requirements  of  this  act,  shall  be  granted  a  common 
sSchool  diploma  which  shall  admit  such  person  to  entrance 'in 
any  high  school  in  the  state.  (Laws  1913,  ch.  271,  sec.  1.) 

SEC.  318.  Average  Grade  and  Subjects  Required.  An  aver- 
age of  80  per  cent  with  no  grade  below  60  per  cent  shall  be 
required,  for  graduation,  in  the  following  subjects:  Reading, 
writing,  spelling,  grammar,  arithmetic,  U.  S.  history,  Kansas 
history,  geography,  civil  government,  agriculture,  physiology 
and  classics;  provided,  that  grades  of  80  per  cent,  or  more, 
may  be  carried  as  credits  and  applied  as  grades  for  graduation, 
for  a  period  of  two  years ;  provided,  further,  that  at  the  option 
of  the  county  superintendent,  credit  may  be  given  on  school 
work,  which  shall  not  exceed  50  per  cent  in  any  one  subject; 
and  provided,  that  pupils  who  have  satisfactorily  completed  the 
7th  grade  in  the  graded  schools,  and  the  7th  and  8th  grades 
in  rural  schools,  may  take  the  examination  in  subjects  that  are 
finished  in  their  respective  grades.  (Laws  1913,  ch.  271, 
sec.  2.) 

SEC.  319.  Examinations;  Diplomas;  Expenses.  Section  3, 
chapter  271  of  the  Session  Laws  of  1913  is  hereby  amended 
so  as  to  read  as  follows:  Public  examinations  shall  be  held 
for  rural  schools  on  the  first  and  second  Saturdays  in  April 
and  for  graded  schools  on  the  first  Saturday  in  May  and  the 
Friday  next  preceding  in  each  year  at  the  county  seat  or  at 
such  place  or  places  as  may  be  designated  by  the  county  super- 
intendent of  public  instruction.  At  each  place  so  designated 
the  examination  shall  be  conducted  by  an  examining  board  of 
two  persons,  at  least  one  of  whom  shall  not  be  a  teacher  of  any 
pupil  or  pupils  writing  said  examination.  The  questions  shall 
be  opened  in  the  presence  of  both  members  of  the  examining 
board,  on  the  day  and  hour  set  for  the  examination,  notice  of 
which  shall  be  published  by  the  county  superintendent  at  least 
ten  days  before  the  first  day  on  which  the  examination  is  held. 
The  papers  shall  be  forwarded  to  the  county  superintendent 
of  public  instruction  and  shall  be  graded  by  the  board  of  county 
examiners  or  under  the  direction  of  said  board  by  assistants 
appointed  for  this  purpose  by  the  county  superintendent;  and 
diplomas  shall  be  issued  by  the  board  of  county  examiners. 
Said  examiners  and  assistants  shall  be  paid  from  the  general 
funds  of  the  county  the  amount  provided  by  law  for  the  pay- 


CH.  10]  DISTRICT   SCHOOLS.  117 

ment  of  boards  of  county  examiners  for  holding  county  teach.- 
ers'  examinations;  and  the  county  shall  pay  any  other  legiti- 
mate expenses  incur.red  in  conducting  examinations,  issuing 
diplomas,  and  holding  public  graduation  exercises.  (Laws 
1915,  ch.  300,  sec.'l.) 

SEC.  320.  Questions  Prepared  by  State  Board.  The  ques- 
tions for  the  examination  provided  for  in  this  act  shall  b& 
prepared  by  the  State  Board  of  Education,  and  shall  be  mailed 
by  the  state  superintendent  to  the  county  superintendent,  at 
least  ten  days  before  they  are  to  be -used.  (Laws  1913,  ch.  271j, 
sec.  4.) 

SEC.  321.  Examinations  Uniform.  The  examinations  pro- 
vided for  in  this  act  shall  be  uniform,  as  to  date  and  subject 
matter,  throughout  the  state.  (Laws  1913,  ch.  271,  sec.  5.) 

SEC.  322.  School  Month.  [7479]  A  school  month  shall  con^ 
sist  of  four  weeks  of  five  days  each,  of  six  hours  per  day. 
(Laws  1876,  ch.  122,  art.  5,  sec.  2.)  ;  ., 

SEC.  323.  Free  Schools.  [7480]  The  district  schools  estab- 
lished under  the  provisions  of  this  act  shall  at  all  times  be 
equally  free  and  accessible  to  all  the  children  resident  therein 
over  five  and  under  the  age  of  twenty-one  years,  subject  to 
such  regulations  as  the  district  board  in  each  may  prescribe. 
(Laws  1876,  ch.  122,  art.  5,  sec.  3.) 

SEC.  324.  Penalty.  [7481]  The  members  of  any  district 
board  willfully  violating  any  of  the  provisions  of  this  article, 
or  refusing  the  admission  of  any  children  into  the  common 
schools,  shall  forfeit  to  the  county  the  sum  of  $100  each  for 
every  month  so  offending  during  which  such  schools  are 
taught;  and  all  moneys  forfeited  to  the  common-school  fund 
of  the  county  under  this  act  shall  be  expended  by  the  county 
superintendent  for  the  education  of  such  children  in  the  school 
district  denied  such  equal  educational  advantages;  provided, 
that  any  member  of  said  board  who  shall  protest  against  the 
action  of  his  said  board  in  excluding  any  children  from  equal 
educational  advantages,  or  in  violating  any  of  the  provisions 
of  this  article,  shall  not  be  subject  to  the  penalty  herein 
named;  and  provided  further, ! that  the  provisions  .of  this  act 
shall  not  apply  to  cities  of  the  first  or  second  class.  (Laws 
1877,  ch.  170,  sec.  2.)  ,,,;.';,,  .,:; 

SEC.  325.  Contagious  Disease.  [7482]  No  pupilinfected 
with  any  contagious  disease  shall  be  allowed  to  attend  any 
common  school,  or  remain  in  any  schoolroom  while  so  in- 
fected. (Laws  1876,  ch.  122,  art.  5,  sec,  5.) 

SEC.  326.  Contagious  Disease;  Duty  of  Parents.  £8079] 
No  person  afflicted  with  any  infectious  or  contagious  disease 
dangerous  to  the  public  health  shall  be  admitted  into  any 
public  or  private  school.  No  parent,  guardian,  tutor,  or  other 
person  having  charge  or  control  of  children,  whose  residence 


118 


DISTRICT  OFFICERS. 


[CH.  10 


is  infected  with  smallpox,  cholera,  scarlet  fever,  diphtheria, 
epidemic  cerebro-spinal  meningitis,  or  other  infectious  or  con- 
tagious disease  dangeious  to  the  public  health,  shall  allow  or 
permit  them  to  attend  any  public  or  private  school  during  the 
continuance  of  such  infection,  or  until  the  premises  have  been 
thoroughly  disinfected  and  all  danger  from  contagion  has 
passed.  (Laws  1901,  ch.  285,  sec.  6.) 

SEC.  327.  Tuition  Fee.  [7483]  Whenever  there  be  not 
public  money  enough  belonging  to  any  school  district  to  sup- 
port a  public  school  the  length  of  time  determined  at  the 
annual  meeting,  or  at  a  special  meeting  duly  called,  the  dis- 
trict board,  to  meet  said  deficiency,  may  assess  a  tuition  fee 
upon  each  scholar  attending  such  school,  the  assessment  to  be 
proportioned  to  the  number  of  days  each  pupil  has  been  in 
actual  attendance  during  the  term;  provided,  that  no  tuition 
fee  shall  be  levied  upon  the  scholars  in  any  of  the  public 
schools  of  this  state,  in  accordance  with  the  provisions  of  this 
act,  unless  the  entire  amount  of  one  per  cent  for  teachers' 
wages,  as  required  by  law,  be  first  assessed  upon  the  taxable 
property  of  said  school  district.  (Laws  1876,  ch.  122,  art.  5, 
sec.  6.) 


ARTICLE  III.— District  Officers. 


$328. 
329. 
330. 

331. 
332. 
333. 
334. 
335. 
336. 
337. 
338. 
339. 
340. 

341. 

342. 
343. 


§348.  District  taxes  voted  but  not  levied 
in  anv  vear  shall  be  collected  with 
taxes  of  the  year  following. 

349.  District  treasurer  shall  keep  account, 

etc. ;    shall    report    in    writing    at 
annual  meeting. 

350.  Procedure,   if  he  does  not  pay  over 

moneys  to  his  successor. 

351.  Powers  and  duties  of  school-district 

board. 

352.  Shall   have   care   of  property   of  dis- 

trict. 

353.  Use  of  schoolhouse. 
«54.   Water-closets. 

355.  The   board   may   remove   schoolhouse 

or  other  improvement,   when. 

356.  May  admit  non-resident  pupils. 

357.  Shall    hire    qualified    teachers;    may 

dismiss  teachers  for  cause. 
3F>8.   Employment   of  relatives. 

359.  Contracts  void. 

360.  Records  and  reports. 

361.  Shall  provide  necessary   appendages. 

362.  May  suspend  a  pupil  for  cause;   ap- 

peal. 

363.  Shall    furnish    teachers     with     daily 

register:    shall   visit  schools. 

364.  Taxes;    clerk  to  certify;    commission- 

ers to  levy;   limit. 

365.  Judgments. 

SECTION  328.  Officers;  Term.  [7443]  The  officers  of  each 
school  district  shall  be  a  director,  clerk,  and  treasurer,  who 
shall  constitute  the  district  board,90  and  who  shall  be  elected 

90.  The  officers  of  a  school  district  constitute  the  board  of  directors 
in  such  sense  as  to  be  able  to  transact  the  school  business  of  the  district 
Only  when  in  session  as  a  district  board.  As  the  law  is  silent  as  to  how, 
when  and  where  the  district  board  shall  convene,  each  board  should  adopt 
a  set  of  rules  for  its  own  government. 


344. 


345. 
346. 


347. 


Officers;  term  of  office. 

Official  oath. 

Forfeiture    of    office;    vacancy,    how 

filled. 

Duty  of  directors. 
Duty  of  district  clerk. 
Clerk  of  board  and  district  meetings. 
Olerk  shall  draw  orders. 
Clerk's  annual  report. 
County  treasurers. 
Treasurer  pay  no  money,  when. 
Clerk  of  joint  district. 
Penalty  for  false  report. 
District  clerk  shall  report  to  county 

clerk  a  list  of  resident  taxpayers. 
Fine    for    failure    to    report    district 

tax  to  county  clerk. 
Report  to  county  superintendent. 
District   and   city  clerks,   and  clerks 

of   boards  of   education,   shall   re- 

port     bonded      indebtedness      to 

county  clerk. 
Fine    for    not    delivering    records    to 

successor. 

District  treasurer  shall  execute  bond. 
Shall   pay  school   moneys,    on   whose 

order. 
Shall    receive    school    moneys    from 

county  treasurer,  on  whose  order. 


CH.  10]  DISTRICT  OFFICERS.  119 

and  hold  their  respective  offices  as  follows:  At  the  annual 
meeting  in  1874  there  shall  be  elected  a  director,  who  shall  hold 
his  office  for  three  years ;  a  clerk,  who  shall  hold  his  office  for 
two  years;  and  a  treasurer,  who  shall  hold  his  office  for  one 
year;91  and  thereafter  at  each  annual  meeting  there  shall  be 
elected  one  member  of  said  board  in  place  of  the  outgoing 
member,  who  shall  hold  his  office  for  three  years,  and  until  his 
successor  shall  be  elected  and  qualified.92  (Laws  1876,  ch.  122, 
art.  4,  sec.  1.) 

SEC.  329.  Official  Oath.  [7444]  School-district  officers  be- 
fore entering  upon  their  official  duties  shall  take  an  oath  to 
faithfully  perform  said  duties;98  and  the  chairman  of  any 
regular  or  special  meeting  is  hereby  authorized  and  empow- 
ered to  administer  such  oath.94  (Laws  1876,  ch.  122,  art.  4, 
sec.  2.) 

SEC.  330.  Office  Forfeited.  [7445]  Every  person  duly 
elected  to  the  office  of  director,  clerk  or  treasurer  of  any  school 
district,  who  shall  refuse  or  neglect,  without  sufficient  cause,  to 
qualify  within  twenty  days  after  his  election  or  appointment, 
or  who,  having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duty  required  of  him  by  the  pro- 
visions of  this  act,  shall  thereby  forfeit  his  right  to  the  office 
to  which  he  was  elected  or  appointed,  and  the  county  superin- 
tendent shall  thereupon  appoint  a  suitable  person  in  his 
stead.95  (Laws  1876,  ch.  122,  art.  4,  sec.  3.) 

SEC.  331.  Director.  [7446]  The  director  of  each  district 
shall  preside  at  all  district  meetings,  and  shall  sign  all  orders 
drawn  by  the  clerk,  authorized  by  a  district  meeting  or  by  the 
district  board,  upon  the  treasurer  of  the  district,  for  moneys 
collected  or  received  by  him  to  be  disbursed  therein.  He  shall 

91.  The  director  is  elected  in  1916,  the  treasurer  in  1917,  and  the 
clerk  in  1918. 

92.  Compensation  of  District  Officers.     Neither  the  district  meeting 
nor  the  district  board  has  the  right  to  authorize  or  direct  the  payment 
of  any  compensation  from  the  public  fund  to  members  of  the  board  for 
their  services. 

See  section  281  for  the  term  of  officers  chosen  at  special  meetings. 
They  hold  their  offices  until  their  successors  are  elected  and  qualified. 

93.  Neglect  of  Duty.    Where  a  district  officer  neglects  or  refuses  to 
perform  a  duty,  the  proper  proceeding  to  compel  performance  is  a  writ 
of  mandamus. 

94.  A  district  officer  can  qualify  before  the  chairman  of  a  district 
meeting,  the  county  superintendent,  or  any  one  authorized  by  law  to 
administer  oaths. 

95.  A  county  superintendent  can  not  remove  a  district  officer.     Such 
removal  can  be  made  only  by  an  action  brought  in  court.    The  vacancy 
being  declared,  the  county  superintendent  shall  appoint.     A  member  of 
the  district  board  can  not  continue  to  act  as  a  member  thereof  after  he 
ceases  to  be  a  resident  of  the  district,  nor  has  he  the  right  to  appoint  a 
deputy  to  discharge  the  duties  of  the  office.    See  section  244  with  regard 
to  filling  vacancies  on  the  district  board. 


120  DISTRICT   OFFICERS,  [CH.  10 


,  for  and  in  beh'alf  of  the  district,  in  all  suits  brought  by 
against  vthe  district,!  unless  other  direction  shall  be  given  by 
ttoe  voters  of  such  district,  at  a  district  meeting.  (Laws  1876, 
d*/122i  art.  4,  sec.  4.) 

fefc;  ;332;  :.  ;  Clerk:  '[7447J  The  clerk  of  each  'district  shall 
;tiie  proceedings  of.1  his  district  in  a  book  provided  by  the 
District  'for;/  that  purpose,  ;£nd  enter  therein  copies  of  all  re- 
jJb'rts  niade  by  him  to  the  county  superintendent;  and  he  shall 
keep  and  preserve  all  records,  books  and  papers  belonging  to 
his:  office,  a>nd  deliver  the  same  to  his  successor  in  office.  (Laws 
1876pch.  122,  art.  4,  sec.  5.)  ;  ; 

v  £E(J:  33&;'  Clerk  of  the  Board  and  District  Meetings.  [7448] 
Th^  said'^erk  shall  be  clerk  of  the  district  board  and  of  all 
district  meetings,  when  present;96  but  if  such  clerk  shall  not 
be  present  at  any  district  meeting,  the  voters  present  may 
appoint  clerk  of  such  meeting,  who  shall  certify  the  proceed- 
ings thereof  ,  and  the  same  shall  be  recorded  by  the  clerk  of 
the  district,  :  (Laws  1876,  ch.  122,  art.  4,  sec.  6.)  .  , 

*  •'  Me.  •  334:-  '  Clerk  Shall  Draw  Orders.  [7449]  The  clerk  of 
the  :  district'  ;shall  draw  orders  on  the  treasurer  of  the  district 
for  -moneys  /in  the  hands  of  such  treasurer  which  have  been 
apportioned  to  or  raised  by  the  district,  to  be  applied  to  the 
payment  of  :  teachers'  wages,  and  apply  such  money  to  the  pay- 
nient  of  :  the  wages  of  such  teachers  as  shall  have  been  em- 
ployed by  the  district  board;  and  said  clerk  shall  draw  orders 
on  thehsaid  treasurer  for  moneys  in  the  hands  of  such  treas- 
urer, to  be,  disbursed  for  any  other  purpose  ordered  by  a  dis- 
trict meeting?7  or  by  theidistrict  board,  agreeable  to  the  pro- 
visions, ofhthis  act.98  (Laws  1876,  ch.  122,  art.  4,  sec.  7.) 

1  ^SEC;  335:  Clerk's  Annual  Report.99  [7450]  The  clerk  of 
Qach:;.distri|Ct  ;  shall,  at  least  five  days  previous  to  the  annual 
meeting  in  July  of  each  year,  make  a  written  report,  which  he 
shall  submit;  iand  read  to  the  legal  voters  of  the  district  at  the 

.tii   ;!.;...;  •  ;      -     ,!     .!•;••  -  -       -  -TT-—  i  -  —  -  — 

,(;;96.  ,  t?i  transacting  the  school  business  of  the  district,  the  members  of 
the  board  should  meet  as  a  district  board,  the  clerk  making  a  complete 
recprji  of  all  !  proceedings,  \Members  of  the  school-district  board  have  not 
the  rig}itMt,o.enjter  into  contract  obligating  said  board  outside  of  a  regular 
meeting,f  (an<J  such  meeting  is  not  legal  unless  all  members  have  been 
iH)tine'd;of  tlie  call  for  tlie  sime. 

97.  A  clerk  can  legally  draw  an  order  upon  the  treasurer  for  the 
disbursement  of  moneys  without  a  meeting  of  the  district  board,  if  the 
same  'has  b4en  authorized  ^  by  g,  district  meeting  or  by  the  district  board 
at  any  prior  'meeting.  Example  :  Order  for  teacher's  wages. 

...,$.8.  Shoufd  the  director  or  other  member  of  the  board  refuse  to  sign  a 
le.g:al  order,.  ,  payable  to  any  party  legally  entitled  to  receive  it,  such 
Officer  may  be  compelled,  %  .wr  jt  pf  mandamus,  to  sign. 

r.  ;  9i9v  ;  This:  section  should  be  .amended  to  be  in  harmony  with  section  280, 
.which  fixes  .the  date  of  the  annual  meeting  for  the  second  Friday  in  ApriL 
(The  school.'Celnsus  can  >not  be  reported  before  the  annual  meeting,  since  it 
must  show  the  number  of  persons  of  school  ,age  on  the  date  of  June  30. 


CH.  10]  DISTRICT   OFFICERS.  121 

annual  meeting  for  their  information  and  consideration.  If 
any  change  or  alteration  therein  be  necessary,  the  same  shall 
be  made,  and  it  shall  then  be  transmitted  to  the  county  superin- 
tendent of  public  instruction.  Said  report  shall  show:  (1) 
The  number  of  children,100  male  or  female,  designated  sepa- 
rately, residing  in  the  district  or  part  of  district  on  the  last 
day  of  June  previous  to  the  date  of  such  report,  over  the  age 
of  five  and  under  the  age  of  twenty-one  years ;  (2)  the  number 
of  children  attending  school  during  the  year,  their  sex,  and 
branches  studied;  (3)  the  length  of  time  a  school  has  been 
taught  in  the  district  by  a  qualified  teacher,  the  name  of  the 
teacher,  the  length  of  time  taught  by  each  teacher,  and  wages 
paid;  (4)  the  amount  of  money  received  from  the  county 
treasurer,  arising  from  disbursement  of  the  state  annual  school 
fund,  the  amount  received  from  district  taxes,  and  the  amount 
received  from  all  other  sources  during  the  year,  and  the  man- 
ner in  which  the  same  has  been  expended;  (5)  the  amount  of 
money  raised  by  the  district  each  year,  and  the  purposes  for 
which  it  was  raised;  (6)  the  kind  of  books  used  in  the  schools, 
and  such  other  facts  and  statistics  in  regard  to  the  district 
school  as  the  county  superintendent  may  require.  (Laws  1889, 
ch.  220,  sec.  2.) 

SEC.  336.  County  Treasurers.  [7451]  All  county  treasur- 
ers in  this  state  are  hereby  required  to  notify  clerks  of  all 
school  districts  in  their  respective  counties,  by  mail  or  other- 
wise, ten  days  prior  to  the  time  fixed  by  law  for  holding  the 
annual  district  meeting,  of  the  amount  of  money  drawn  from 
the  treasury  by  the  district  treasurer  of  his  district  since  the 
commencement  of  the  past  school  year,  and  shall  also  state  in 
tjie  same  notification  the  balance  remaining  on  hand,  if  any,  in 
the  county  treasury  to  the  credit  of  the  respective  districts. 
(Laws  1889,  ch.  220,  sec,  3.) 

SEC.  337.  Treasurer  Pay  No  Money,  When.  [7452]  The 
county  treasurer  shall  pay  no  money  to  the  district  treasurers 
of  his  county  after  the  close  of  the  school  year,  June  30,  until 
after  the  annual  district  meetings  of  the  school  districts  have 
been  held.  (Laws  1889,  ch.  220,  sec.  4.) 

SEC.  338.  Clerk  of  Joint  District.  [7453]  Whenever  a 
school  district  shall  lie  partly  in  two  or  more  counties,  the  clerk 
of  such  district  in  making  his  annual  report  shall  carefully 
designate  the  number  of  children  resident  in  the  parts  of  the 
counties  composing  the  district,  and  shall  report  to  the  county 
superintendent  of  public  instruction  of  each  of  the  counties  in 
which  such  district  may  be  partly  situated.  (Laws  1876,  ch. 
122,  art.  4,  sec.  9.) 

SiEc.  339.  Penalty  for  False  Report.  [7454]  Every  clerk  of 
a  district  who  shall  willfully  sign  a  false  report  to  the  county 

100.    See  sections  208  and  209  of  this  book. 


122  DISTRICT  OFFICERS.  [CH.  10 

superintendent  of  his  county  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punished  by  a  fine  not  exceeding  $100,  or  by 
imorisonment  not  exceeding  three  months.  (Laws  1876,  ch. 
122,  art.  4,  sec.  10.) 

SEC.  340.  Report  to  County  Clerk.  [7455]  It  shall  be  the 
duty  o^  the  several  district  clerks  in  this  state  to  make  out  a 
certified  list  of  all  persons  residing  within  their  respective  dis- 
tricts liable  to  pay  taxes,  and  transmit  the  same  to  the  county 
clerks  of  their  respective  counties  on  or  before  the  25th  day  of 
August  annually,  except  in  incorporated  cities.  (Laws  1876, 
ch.  122,  art.  4,  sec.  11.) 

SEC.  341.  Penalty  for  Failure  to  Report.  [7456]  Any  dis- 
trict clerk  who  shall  fail  to  report  the  tax  voted  by  his  district 
to  the  county  clerk,  as  is  provided  by  law,  shall  be  liable  to  a 
fine  of  not  less  than  fifty  dollars;  and  it  is  hereby  made  the 
duty  of  the  county  superintendent  to  have  the  provisions  of  this 
act  enforced.  (Laws  1876,  ch.  122,  art.  4,  sec.  12.) 

SEC.  342.  Report  to  County  Superintendent.  [7457]  The 
district  clerk  shall  report  to  the  county  superintendent  in  writ- 
ing the  names  and  post-office  addresses  of  the  district  officers 
elect,  within  two  weeks  after  the  said  officers  shall  have  been 
elected  or  appointed  and  qualified.  The  clerk  shall  also  report 
to  the  county  superintendent  the  time  of  the  commencement  of 
each  term  of  school,  within  two  weeks  from  the  commence- 
ment of  such  term.  (Laws  1876,  ch.  122,  art.  4,  sec.  13.) 

SEC.  343.  Report  of  Indebtedness.  [9604]  That  in  addition 
to  the  duties  now  required  by  law  of  the  following  officers,  to 
wit,  township  clerks  and  clerks  of  incorporated  cities,  school- 
district  clerks  and  clerks  of  boards  of  education,  they  shall 
each  of  them  make  and  transmit  to  the  clerk  of  their  respec- 
tive counties,  on  or  before  the  5th  day  of  July  in  each  year,  a 
complete  certified  statement  of  the  floating  and  bonded  in- 
debtedness, with  date  of  issuing  and  maturing  of  outstanding 
bonds;  amount  of  sinking-fund,  if  any,  for  redeeming  the 
same;  and  such  other  information  as  may  be  required  by  the 
county  clerk  concerning  the  financial  condition  of  their  re- 
spective townships,  cities,  or  districts ;  and  when  no  outstand- 
ing indebtedness  exists,  such  fact  shall  be  reported.  (Laws 
1877,  ch.  90,  sec.  1.) 

SEC.  344.  Records.  [7464]  Every  school-district  clerk  or 
treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor 
in  office  all  records,  books  and  papers  belonging  to  his  office 
shall  be  subject  to  a  fine  not  exceeding  fifty  dollars.  (Laws 
1876,  ch.  122,  art.  4,  sec.  20.) 

SEC.  345.  Treasurer;  Bond.  [7458]  The  treasurer  shall 
execute  to  the  district  a  bond  in  double  the  amount,  as  near 
as  can  be  ascertained,  to  come  into  his  hands  as  treasurer 
during  the  year,  with  sufficient  securities,  to  be  approved  by 


CH.  10]  DISTRICT  OFFICERS.  123 

the  director  and  clerk,  conditioned  to  the  faithful  discharge 
of  the  duties  of  said  office.101  Such  bond  shall  be  justified  by 
the  affidavit  of  the  principal  and  his  sureties;  provided,  that 
the  director  of  the  district  or  the  county  superintendent  of 
public  instruction  shall  be  authorized  to  administer  the  oaths  in 
the  justification  of  the  treasurer  and  his  sureties.  And  said 
bond  shall  be  filed  with  the  district  clerk,  and  in  case  of  the 
breach  of  any  conditions  thereof,  the  director  shall  cause  a 
suit  to  be  commenced  thereon,  in  the  name  of  the  district, 
and  the  money  collected  shall  be  applied  by  such  director  to 
the  use  of  the  district,  as  the  same  should  have  been  applied 
by  the  treasurer ;  and  if  such  director  shall  neglect  or  refuse  to 
prosecute,  then  any  householder  in  the  district  may  cause  such 
prosecution  to  be  instituted.  (Laws  1879,  ch.  156,  sec.  1.) 

SEC.  346.  Duties  of  Treasurer.  [7459]  The  treasurer  of 
each  district  shall  pay  out,  on  the  order  of  the  clerk,  signed 
by  the  director  of  the  district,  all  public  moneys  which  shall 
come  into  his  hands  for  the  use  of  the  district.102  (Laws  1876, 
ch.  122,  art.  4,  sec.  15.) 

SEC.  347.  Receive  School  Moneys.  [7460]  The  county 
treasurer  shall  pay  to  each  district  treasurer  in  the  county  all 
school  moneys  in  the  county  treasury  belonging  to  the  dis- 
trict, upon  the  order  of  the  director  and  clerk  of  the  district ; 
provided,  that  said  order  shall  be  accompanied  by  a  certificate 
from  the  district  clerk,  stating  that  the  treasurer  of  the  dis- 
trict has  executed  and  filed  his  bond  as  required  by  law.  (Laws 
1876,  ch.  122,  art.  4,  sec.  16.) 

SEC.  348.  District  Taxes.  [7461]  Where*  a  school  district 
tax  has  been  voted,  and  from  the  fault  or  negligence  of  any 
officer,  or  any  other  cause,  has  not  been  levied  and  collected  in 
any  year,  the  same  shall  be  added  to  and  collected  with  the 
taxes  of  the  year  following ;  and  the  county  treasurer  shall  pay 
over  to  the  treasurers  of  the  respective  school  districts  all 
taxes  he  may  have  collected  for  the  said  districts,  on  the  order 
of  the  district  clerk,  countersigned  by  the  director,  subject  to 
the  proviso  contained  in  section  52  of  this  act.103  (Laws  1876, 
ch.  122,  art.  4,  sec.  17.) 

SEC.  349.     Records  and  Reports.     [7462]     The  treasurer 

shall  keep  a  book  in  which  he  shall  enter  all  the  moneys  re- 
ceived and  disbursed  by  him,  specifying  particularly  the 

101.  It  is  not  proper  for  either  the  director  or  the  clerk  to  become 
surety  for  the  treasurer.    It  is  not  necessary  that  the  treasurer's  bonds- 
men be  residents  of  the  district,  though  they  ought  to  reside  in  the  county. 
The  bond  becoming  insufficient  from  any  cause,  the  director  and  clerk 
may  require  the  bond  to  be  made  good. 

102.  Registration.     When  a  warrant  is  presented   and  not  paid  for 
want  of  funds,  it  is  the  duty  of  the  treasurer  to  register  the  same,  and, 
when  the  proper  funds  are  received,  to  pay  said  warrant,  and  all  others 
which  have  been  similarly  presented,  in  the  regular  order  of  registration. 

103.  Section  347  of  this  book. 


124  DISTRICT   OFFICERS.  [CH.  10 

sources  from  which  money  has  been  received  and  the  person  or 
persons  to  whom  and  the  objects  for  which  the  same  has  been 
paid  out.  He  shall  present  to  the  district,  at  each  annual  meet- 
ing, a  report  in  writing,  containing  a  statement  of  all  moneys 
received  by  him  from  the  county  treasurer  during  the  year> 
also  all  moneys  collected  by  him  during  the  year  from  assess- 
ments in  the  district,  and  of  the  disbursements  made  by  him, 
with  the  items  of  such  disbursements,  and  exhibit  the  vouchers 
therefor,  which  report  shall  be  recorded  by  the  district  clerk; 
and  at  the  close  of  his  term  of  office  shall  settle  with  the  dis- 
trict board,  and  shall  hand  over  to  his  successor  said  book, 
and  all  receipts,  vouchers,  orders  and  papers  coming  into  his 
hands  as  treasurer  of  the  district,  together  with  all  the  moneys 
remaining  in  his  hands  as  such  treasurer.  (Laws  1876,  ch. 
122,  art.  4,  sec.  18.) 

SEC.  350.  Prosecution  for  Failure.  [7463]  If  any  district 
treasurer  shall  refuse  or  neglect  to  pay  over  any  money  in  his 
hands  belonging  to  the  district,  it  shall  be  the  duty  of  his 
successor  in  office  to  prosecute  without  delay  the  official  bond 
of  such  treasurer,  for  the  recovery  of  such  money.104  (Laws 
1876,  ch.  122,  art.  4,  sec.  199.) 

SEC.  351.  Powers  of  Board.  [7465]  The  district  board 
shall  purchase  or  lease  such  a  site  for  a  schoolhouse  as  shall 
have  been  designated  by  the  voters  at  a  district  meeting,  in 
the  corporate  name  thereof,  and  shall  build,  hire  or  purchase 
such  schoolhouse  as  the  voters  of  the  district  in  a  district 
meeting  shall  have  agreed  upon,  out  of  the  funds  provided  for 
that  purpose,  and  make  sale  of  any  schoolhouse  site  or  other 
property  of  the  district,  and,  if  necessary,  execute  a  convey- 
ance of  the  same  in  the  name  of  their  office,  when  lawfully 
directed  by  the  voters  of  such  district  at  any  regular  or  special 
meeting,  and  shall  carry  into  effect  all  lawful  orders  of  the 
district.  (Laws  1876,  ch.  122,  art.  4,  sec.  21.) 

SEC.  352.  School  Property.  [7466]  The  district  board 
shall  have  the  care  and  keeping  of  the  schoolhouse  and  other 
property  belonging  to  the  district.  They  shall  have  power  to 
make  such  rules  and  regulations  relating  to  the  district  library 
as  they  may  deem  proper,  and  to  appoint  some  suitable  person 
to  act  as  librarian,  and  to  take  charge  of  the  school  apparatus 
belonging  to  the  district.  (Laws  1876,  ch.  122,  art.  4,  sec.  22.) 

SEC.  353.  Use  of  Schoolhouse.  That  section  7476  of  the 
General  Statutes  of  1909  is  hereby  amended  so  as  to  read  as 
follows :  Sec.  7476.  The  district  board  shall  have  the  care  and 
keeping  of  the  schoolhouse  and  other  property  belonging  to  the 
district.  They  are  hereby  authorized105  to  open  the  school- 

104.  See  section  344  of  this  book  for  penalty  for  refusing  or  neglecting 
to  turn  over  all  records  to  successor. 

105.  This  does  not  mean  that  school  boards  must  open  the  schoolhouse 
for  the  purpose  mentioned,  but  that  they  may,  if  they.think  it  best  to  do  so. 


OH.  10]  DISTRICT   OFFICERS.  125 

house  for  the  use  of  religious,  political,  literary,  scientific, 
mechanical,  or  agricultural  societies,  or  societies  for  the  sup- 
pression of  crime  belonging  to  their  district,  for  the  purpose 
of  holding  the  business  or  public  meetings  of  said  societies, 
under  such  regulations  as  the  school  board  may  adopt ;  but  it 
shall  be  unlawful  for  the  school  board  to  act  arbitrarily  or 
partially  in  the  matter  of  prescribing  regulations  for  the  use  of 
the  schoolhouse ;  and  any  abuse  of  their  powers  by  the  school- 
district  board  may  be  corrected  by  the  district  court  through 
mandamus  or  injunction  on  the  application  of  any  of  the  afore- 
mentioned societies.106  (Laws  1913,  ch.  284,  sec.  1.) 

SEC.  354.  Water-closets.  [7747]  That  the  school  boards 
and  boards  of  education  having  supervision  over  any  school 
district  in  this  state  shall  provide  and  maintain  suitable  and 
convenient  water-closets  for  each  of  the  schools  under  their 
charge  or  supervision.  There  shall  be  at  least  two  in  number, 
which  shall  be  entirely  separate  from  each  other.  It  shall  be 
the  duty  of  the  officers  aforesaid  to  see  that  the  same  are  kept 
in  a  neat  and  wholesome  condition ;  and  failure  to  comply  with 
the  provisions  of  this  act  by  the  aforesaid  officers  shall  be 
grounds  for  their  removal  from  office.  (Laws  1891,  ch.  197, 
sec.  1.) 

SEC.  355.  Removal  of  Schoolhouse,  etc.  [7475]  That  when- 
ever a  schoolhouse  or  other  improvements  have  been  made 
upon  the  claim  of  any  settler  upon  any  of  the  public,  Indian 
or  railroad  lands  within  this  state,  to  which  the  said  settler 
had  no  title,  it  shall  be  lawful  for  the  school  directors  of  the 
proper  school  district  to  remove  the  said  schoolhouse  or  other 
improvements  from  the  said  claim  at  any  time  within  one 
year  from  the  time  that  the  settler  in  any  given  case  may 
acquire  a  title  to  his  said  claim ;  provided,  that  if  the  said  set- 
tler, in  any  given  case,  shall  convey  to  said  board  'of  school 
directors  one  acre  of  the  land  upon  which  said  schoolhouse  or 
other  improvements  are  situated,  the  same  shall  not  be  re- 
moved; and  provided  further,  that  if  any  schoolhouse  shall 
have  been  built  of  stone,  brick,  or  frame,  costing  not  less  than 
$500,  the  probate  judge  of  the  county  shall  appoint  three  dis- 
interested persons,  who  shall  appraise  and  condemn  one  acre 
of  such  land  upon  which  said  improvements  shall  have  been 
located ;  and  it  shall  be  the  duty  of  the  school  director  of  such 
district  to  pay  the  owner  of  such  land  the  value  of  such  land  as 
found  by  said  appraisers.  (Laws  1876,  ch.  122,  art.  4,  sec.  32.) 

SEC.  356.  Nonresident  Pupils.  [7467]  The  district  board 
shall  have  power  to  admit  scholars  from  adjoining  districts. 
(Laws  1876,  ch.  122,  art.  4,  sec.  23.) 

106.  The  law  restricts  the  board  to  the  several  societies  named  in  this 
section.  The  board  can  not  legally  open  the  schoolhouse  for  other  uses 
aside  from  the  use  of  the  schoolhouse  for  all  business  connected  directly 
with  the  schools  of  the  district. 


126  DISTRICT   OFFICERS.  [CH.  10 

SEC.  357.  Teachers.  [7468]  The  district  board  in  each 
district  shall  contract  with  and  hire  qualified  teachers107  for 
and  in  the  name  of  the  district,108  which  contract  shall  be  in 
writing,  and  shall  specify  the  wages  per  week  or  month  as 
agreed  upon  by  the  parties,  and  such  contract  shall  be  filed 
in  the  district  clerk's  office,109  and,  in  conjunction  with  the 
county  superintendent,  may  dismiss  for  incompetency,  cruelty, 
negligence,  or  immorality.110  (Laws  1876,  ch.  122,  art.  4.  sec. 
24.) 

SEC.  358.  Employment  of  Relatives.  [7524]  Any  person 
being  related  to  a  school-district  officer  as  husband  or  wife,  son 
or  daughter,  shall  not  be  eligible  to  the  position  of  teacher  in 
such  school  district,  unless  employed  by  a  unanimous  vote  of 
all  the  members  of  such  board.  (Laws  1901,  ch.  304,  sec.  1.) 

SEC.  359.  Contracts  Void.  [7525]  Any  contract  made  in 
violation  of  this  act111  shall  be  null  and  void,  and  any  school- 
district  officer  so  violating  shall  be  liable  to  the  person  or  per- 
sons so  employed  for  all  claims  such  person  or  persons  may 
have  against  such  district  for  wages.  (Laws  1901,  ch.  304, 
sec.  2.) 

SEC.  360.  Records  and  Reports.  [7484]  It  shall  be  the 
duty  of  the  teachers  of  every  district  school  or  graded  school 
to  keep,  in  a  register  for  this  purpose,  a  daily  record  of  the 
attendance  and  the  deportment  of  each  pupil,  and  of  the 
recitations  of  each  pupil  in  the  several  branches  pursued  in 
said  school,  and  to  make  out  and  file  with  the  district  clerk, 
at  the  expiration  of  each  term  of  the  school,  a  full  report  of 
the  whole  number  of  scholars  admitted  to  school  during  such 

107.  It  is  held   (1)   that  a  "qualified"  teacher  is  one  holding  a  legal 
certificate;  a  contract  with  any  other  than  a  legally  qualified  teacher  is 
not  a  legal  contract;   (2)  should  the  teacher's  certificate  expire  by  limit 
of  date  during  a  term  of  school,  said  teacher  must  procure  a  new  certifi- 
cate or  the  contract  becomes  null  and  void;  and  (3)  a  contract  to  teach 
made  by  a  district  board  with  a  member  of  said  board  is  contrary  to 
public  policy.    See  note  83  as  to  the  lack  of  authority  of  the  district  meet- 
ing to  determine  who  the  teacher  shall  be. 

108.  Contract.    It  is  not  legal  for  a  school-district  board,  previous  to 
the  annual  meeting,  to  employ  teachers  for  the  new  term  of  school. 

109.  Teachers  are  entitled  to  pay  for  the  time  during  which  school  is 
dismissed  due  to  the  prevalence  of  a  contagious  disease  in  the  district. 

110.  Janitor  Work.    In  the  absence  of  any  law  making  it  the  duty  of 
the  teacher  to  assume  the  responsibility  of  janitor  work  necessary  for  the 
comfort  and  good  order  of  the  school  under  her  charge,  such  work  being 
necessary  and  indispensable,  and  further,   since  the  provision  for  the 
equipment  of  the  school  is  clearly  the  duty  of  the  board,  the  inference 
certainly  must  be  that  the  .care  of  the  schoolhouse  property  belongs  to  the 
district  board,  and  in  no  way  can  it  be  construed  as  a  part  of  the  teach- 
er's duties,  unless  the  contract  entered  into  by  the  same  shall  so  provide. 
Teachers  can  not  collect  pay  for  janitor  service  unless  the  contract  so 
provides. 

111.  See  section  358  of  this  book. 


CH.  10]  DISTRICT  OFFICERS.  127 

term,  distinguishing  between  male  and  female,  the  text-books 
used,  the  branches  taught,  and  the  number  of  pupils  engaged 
in  the  study  of  said  branches,  and  any  other  information  the 
district  board  or  county  superintendent  may  require.112  The 
wages  of  a  teacher  for  the  last  month  of  a  school  term  shall 
not  be  paid  by  any  district  board,  unless  said  teacher  shall 
have  complied  with  the  requirements  of  this  section.  (Laws 
1876,  ch.  122,  art.  6,  sec.  1.) 

SEC.  361.  Necessary  Appendages.  [7469]  The  district 
board  shall  provide  the  necessary  appendages113  for  the  school- 
house  during  the  time  a  school  is  taught  therein,  and  shall  keep 
an  accurate  account  of  all  expenses  thus  incurred,  and  present 
the  same  for  allowance  at  any  regular  district  meeting.  (Laws 
1876,  ch.  122,  art.  4,  sec.  25.) 

SEC.  362.  Suspend  Pupils;  Appeal.  [7470]  The  district 
board  may  suspend,  or  authorize  the  director  to  suspend,114 
from  the  privileges  of  a  school,  any  pupil  guilty  of  immorality 
or  persistent  violations  of  the  regulations  of  the  school,  which 
suspension  shall  not  extend  beyond  the  current  quarter  of  the 
school ;  provided,  that  the  pupil  suspended  shall  have  the  right 
to  appeal  from  the  decision  of  said  board  of  directors  to  the 
county  superintendent,  who  shall,  upon  a  full  investigation  of 
the  charges  preferred  against  said  pupil,  determine  as  to  his 
guilt  or  innocence  of  the  offense  charged,  whose  decision  shall 
be  final.115  (Laws  1876,  ch.  122,  art.  4,  sec.  26.) 

SEC.  363.  District  Board's  School  Duties.  [7471]  The 
district  board  shall  furnish  each  teacher  with  a  suitable  daily 
register,  and  shall  visit  together,  or  by  one  or  two  of  their 
number,  all  the  schools  of  their  district,  at  least  once  a  term, 
and  at  such  other  periods  during  the  term  as  in  their  opinion 
the  exigencies  of  each  school  may  require;  at  which  visits 
they  shall  examine  the  register  of  the  teacher  and  see  that  it 

112.  See  section  208  of  this  book  for  additional  reports  required  under 
the  compulsory-education  law. 

113.  The  term  "appendages"  should  be  construed  broadly,  so  as  to  in- 
clude necessary  improvements,  such  as  well,  privy,  fence,  etc.     (30  Kan. 
378.) 

114.  Pupils  between  the  ages  of  eight  and  fifteen  can  be  suspended 
only  temporary,  when  they  are  required  by  the  compulsory-attendance 
law  to  attend  school.     (See  section  204.)     Cases  of  incorrigibility  come 
within  the  jurisdiction  of  the  juvenile  court  when  the  accused  is  under 
the  age  of  sixteen  years.     (See  section  204.) 

115.  The  right  of  the  teacher  to  punish  for  misconduct  extends  from 
the  time  the  pupil  leaves  home  to  go  to  school  until  he  returns  home  from 
school.     This,  however,  does  not  relieve  the  parent  from  control  of  the 
child  on  his  way  to  and  from  school.     The  control  of  school  children  on 
their  way  to  and  from  school  should  be  exercised  concurrently  by  the 
parents   and  teacher.     In   case   of  grave   misconduct,   the  teacher   can 
suspend  a  pupil  until  the  board  can  be  notified  of  such  action,  except 
when  required  by  the  compulsory-attendance  law  to  attend  school.     Due 
diligence  must  be  used  by  the  teacher  to  serve  notice  on  the  board. 


128  DISTRICT   OFFICERS.  [CH.  10 

is  properly  kept,  and  inquire  into  other  matters  touching  the 
schoolhouse,  facilities  for  ventilation,  furniture,  apparatus, 
library,  studies,  discipline,  modes  of  teaching,  and  improve- 
ment of  the  school  ;116  shall  confer  with  the  teacher  in  regard 
to  condition  and  management,  and  make  such  suggestions  as 
in  their  view  would  promote  the  interest  and  efficiency  of  the 
school  and  the  progress  and  good  order  of  the  pupils.  The  date 
and  results  of  such  visits  shall  be  entered  by  the  clerk  of  the 
board  on  their  minutes.117  (Laws  1876,  ch.  122,  art.  4,  sec.  27.) 

SEC.  364.  Taxes;  Clerk  to  Certify;  Commissioners  to  Levy; 
Limit.  That  section  7473  of  the  General  Statutes  of  1909  is 
hereby  amended  so  as  to  read  as  follows :  Sec.  7473.  It  shall 
be  the  duty  of  the  school-district  clerk  to  certify  to  the  county 
commissioners  of  their  respective  counties,  on  or  before  the 
25th  day  of  July,  annually,  the  aggregate  amount, by  them 
determined  in  each  district  to  be  necessary  for  school  purposes. 
Upon  the  receipt  of  such  certification  the  county  commissioners 
shall,  on  or  before  the  first  Monday  in  August,  annually,  levy 
on  the  real  and  personal  property  in  each  district,  as  returned 
by  the  assessment  roll  of  the  county,  a  percentage  which  will 
produce  an  amount  equal  to  and  not  exceeding  by  more  than 
five  per  cent  the  amount  certified  by  the  district  clerk;  pro- 
vided, however,  no  levy  shall  exceed  four  and  one-half  mills. 
And  the  county  clerk  is  hereby  authorized  and  required  to  place 
the  same  on  the  tax  roll  of  said  county,  in  a  separate  column  or 
columns,  designating  the  purpose  for  which  such  taxes  were 
levied ;  and  the  said  taxes  shall  be  collected  by  the  county  treas- 
urer and  paid  over  to  the  treasurers  of  the  respective  school 
districts  in  the  county,  with  the  same  power  and  restrictions 
and  under  the  same  regulations  and  in  all  respects  as  to  the 
sale  of  real  or  personal  property.  He  shall  be  authorized  and 
he  is  hereby  required  to  act  according  to  the  provisions  and 
requisitions  of  the  law  for  the  collection  of  taxes  for  state  and 
county  purposes.  (Laws  1911,  ch.  271,  sec.  1.) 

SEC.  365.  Judgments.  [7474]  Whenever  any  final  judg- 
ment shall  be  obtained  against  any  school  district,  the  district 
board  shall  levy  a  tax  on  such  taxable  property  in  the  district 

116.  A  school  board  has  a  right  to  make  a  rule  requiring  constant  and 
prompt  attendance  at  school,  such  a  rule  having  in  view  the  securing  of 
the  very  object  contemplated  in  the  law  establishing  public  schools.    The 
interests  of  the  pupil  and  of  all  the  members  of  the  school  require  prompt- 
ness, and  regularity  in  attendance.    Courts  have  held  that  such  a  rule  may 
be  enforced.     (See  chapter  VI  of  this  book.) 

117.  Powers  of  District  Board.     The  district  board  has  the  power  to 
prescribe  the  necessary  rules  and  regulations  for  the  management  and 
government  of  the  school.     They  may  require  a  classification  of  pupils 
with  respect  to  the  branches  of  study  pursued,  and  with  respect  to  pro- 
ficiency or  degree  of  advancement  in  the  same,  and  that  there  shall  be 
prompt  attendance,   diligence   in   study,   and   proper   deportment.      The 
course  of  study  is  prescribed  by  the  State  Boar&pf  Education.     (See  sec- 
tions 617  and  310  to  316  of  this  book.) 


CH.  10]  UNION   OR  GRADED-SCHOOL  DISTRICTS. 


129 


for  the  payment  thereof.118  Such  tax  shall  be  collected  as  other 
school-district  taxes,  but  no  execution  shall  issue  on  such 
judgment  against  the  school  district;  and  in  case  the  district 
board  neglect  to  levy  a  tax  as  aforesaid  for  the  space  of  thirty 
days  after  such  judgment  shall  become  final,  or  in  case  the 
proper  officer  shall  neglect  to  collect  the  tax  levied  within  the 
time  and  in  the  manner  provided  by  law,  then  the  judgment 
creditor  of  the  district  may  have  and  recover  a  judgment 
against  the  officer  or  officers  so  in  default  for  the  amounts  due 
him  on  such  judgment  against  the  district,  with  costs,  upon 
which  execution  shall  issue.  (Laws  1876,  ch.  122,  art.  4, 
sec.  31.) 


§372.  Public  schools  in  cities  shall  receive 
their  share  of  public-school  funds, 
on  what  condition. 

373.    Single  district  may  establish  graded 
schools. 


ARTICLE  VI.— Union  or  Graded-school  Districts.^ 

NOTE. — A  union  or  graded  school  is  to  be  distinguished  from  a  con- 
solidated school  provided  for  by  chapter  VII. 

§366.  How  established. 

367.  Powers  and  duties  of  directors. 

368.  Union  district  may  levy  taxes. 

369.  Authority   to   issue  bonds. 

370.  Duties  of  clerk  of  union  district. 

371.  Duties  of  treasurer  of  union  district. 

SECTION  366.  How  Established.  That  section  7535  of  the 
General  Statutes  of  Kansas  of  1909  is  hereby  amended  to  read 
as  follows:  Sec.  7535.  Whenever  the  inhabitants  of  two  or 
more  school  districts  may  desire  to  unite  such  districts  for  the 
purpose  of  establishing  a  graded  school,  in  which  instruction 
shall  be  given  in  the  higher  grades  of  education,  the  clerks  of 
the  several  districts  shall,  upon  a  written  petition  therefor 
signed  by  not  less  than  five  voters  from  each  of  such  districts, 
which  voters  shall  be  taxpayers  of  such  district  call  a  meeting 
of  the  voters  of  such  districts  to  be  held  at  some  convenient 
place,  by  posting  up  written  notices  thereof  in  the  same  manner 
as  is  provided  for  calling  district  meetings;  and  if  a  majority 
of  the  votes  cast  from  each  of  the  two  or  more  districts  shall 
be  in  favor  of  uniting  such  districts  for  the  purpose  herein- 
before stated,  they  shall,  at  that  meeting  or  at  an  adjourned 
meeting,  elect  a  board  of  directors,  consisting  of  a  director, 
clerk  and  treasurer.  (Laws  1915,  ch.  301,  sec.  1.) 

SEC.  367.  Duties  of  Board  of  Directors.  [7536]  The  board 
of  directors  provided  in  the  preceding  section  shall,  in  all  mat- 
ters relating  to  the  graded  schools,  possess  all  the  powers  and 

118.  A  judgment  tax  may  be  levied  in  addition  to  the  four  and  one- 
half  mills  for  general  school  purposes,  and  the  amount  of  tax  which  may 
be  levied  to  pay  a  judgment  is  not  limited. 

119.  The  individual  districts  may  still  conduct  their  usual  district 
schools  but  be  a  part  of  this  union  district  for  instruction  in  the  higher 
branches.    The  plan  is  virtually  to  provide  a  central  high  school.    A  reso- 
lution adopted  at  an  annual  meeting  or  at  a  special  meeting  called  for  the 
purpose  is  necessary  before  a  graded  school  is  subject  to  the  provisions 
of  this  act.  • 

—9 


130  UNION  OR  GRADED-SCHOOL  DISTRICTS.  [CH.  10 

discharge  all  the  like  duties  of  the  district  board  of  directors, 
as  prescribed  in  this  act.    (Laws  1876,  ch.  122,  art.  7,  sec.  2.) 

SEC.  368.  Union  District  May  Levy  Taxes.  That  section 
7538  of  the  General  Statutes  of  Kansas  of  1909  be  amended 
to  read  as  follows :  The  said  union  district  may  levy  taxes  for 
the  purpose  of  purchasing  a  building  or  furnishing  proper 
buildings  for  the  accommodation  of  the  school,  or  for  the  pur- 
pose of  defraying  necessary  expenses  and  paying  teachers,  but 
shall  be  governed  in  all  respects  by  the  law  provided  for  levy- 
ing and  collecting  district  taxes.  (Laws  1913,  ch.  280,  sec.  1.) 

SEC.  369.  Authority  to  Issue  Bonds.  That  for  the  purpose 
building,  erecting,  constructing  or  purchasing  one  or  more 
schoolhouses,  the  union  or  graded-school  districts  organized 
and  existing  under  chapter  122  of  the  Laws  of  1876  and  the 
acts  amendatory  thereof  and  supplemental  thereto,  the  boards 
of  directors  of  such  union  or  graded-school  districts  are  hereby 
authorized  to  issue  bonds.  Said  bonds  shall  be  issued  in  all 
respects  in  conformity  with  the  provisions  of  the  law  relative 
to  the  issuance  of  bonds  of  school  districts  and  subject  to  the 
same  limitations.  (Laws  1913,  ch.  281,  sec.  1.) 

SEC.  370.  Clerk.  [7540]  The  clerk  of  the  union  district 
shall  make  a  report  to  the  county  superintendent  of  public  in- 
struction, and  discharge  all  the  duties  of  clerk  in  like  manner 
as  clerk  of  the  district.  (Laws  1876,  ch.  122,  art.  7,  sec.  6.) 

SEC.  371.  Treasurer.  [7541]  The  treasurer  of  the  union 
district  shall  perform  all  the  duties  of  treasurer  as  prescribed 
in  this  act,  in  like  manner  as  the  district  treasurer.  (Laws 
1876,  ch.  122,  art.  7,  sec.  7.) 

SEC.  372.  Apportionment  to  Cities.  [7542]  The  public 
schools  of  any  city,  town,  or  village,  which  may  be  regulated 
by  special  law  set  forth  in  the  charter  of  said  city,  town,  or 
village,  shall  be  entitled  to  receive  their  proportion  of  the 
public-school  fund ;  provided,  the  clerk  of  the  board  of  educa- 
tion in  such  city,  town  or  village  shall  make  due  report,  within 
the  time  and  manner  prescribed  in  this  act,  to  the  county 
superintendent  of  public  instruction.  (Laws  1876,  ch.  122, 
art.  7,  sec.  8.) 

SEC.  373.  Single  District.  [7543]  Any  single  district  shall 
possess  power  to  establish  graded  schools  subject  to  the  pro- 
visions of  this  article,  in  like  manner  as  two  or  more  districts 
united ;  provided,  however,  the  regular  district  board  of  direc- 
tors of  the  district  shall  have  the  power  and  shall  have  the 
management  of  the  schools  of  the  district  and  grade  them  in 
accordance  with  the  action  of  the  annual  district  meeting,  and 
employ  teachers  and  do  all  things  pertaining  to  the  union 
graded  schools,  without  an  additional  board  of  directors,  where 


CH.  10]  UNION   OR  GRADED-SCHOOL  DISTRICTS.  131 

a  single  district  composes  the  union  graded-school  district; 
and  provided  further,  that  the  director,  clerk  and  treasurer  of 
the  regular  district  board  shall  possess  all  the  powers  to  man- 
age the  union  graded-school  district  when  a  single  district 
composes  the  union  graded-school  district  as  the  director,  clerk 
and  treasurer  have  in  union  or  graded-school  districts  com- 
posed of  two  or  more  districts.  (Laws  1907,  ch.  331,  sec.  1.) 


132  FINES  AND  PENALTIES.  [CH.  11 


CHAPTER  XL— Fines  and  Penalties. 


§374.  Jurisdiction  of  justices  of  the  peace. 

375.  Fines  and  penalties,  how  collected. 

376.  Penalty     for     receiving    bonus    from 


§377.  Officers  prohibited  from  taking  con- 
tracts, doing  work  for  profit,  or 
furnishing  material. 


publisher  of  school-books. 

SECTION  374.  Jurisdiction.  [7549]  Justices  of  the  peace 
shall  have  jurisdiction  in  all  cases  in  which  a  school  district  is 
a  party  interested,  when  the  amount  claimed  by  the  plaintiff 
shall  not  exceed  $100;  and  the  parties  shall  have  the  right  of 
appeal,  as  in  other  cases.  (Laws  1876,  ch.  122,  art.  9,  sec.  1.) 

SEC.  375.  How  Collected.  [7550]  All  fines  and  penalties 
not  otherwise  provided  for  in  this  act  shall  be  collected  by  an 
action  in  any  court  of  competent  jurisdiction.  (Laws  1876, 
ch.  122,  art.  9,  sec.  2.) 

SEC.  376.  Penalty  for  Receiving  Bonus.  [7551]  If  the 
state  superintendent,  or  any  county  superintendent  of  public 
instruction,  shall  receive  from  the  publisher  of  any  school- 
books,  or  from  any  other  person  interested  in  the  sale  or  in- 
troduction of  any  book  into  the  public  schools  in  the  state,  any 
money  or  bonus  in  any  manner  as  an  inducement  for  the  recom- 
mendation or  introduction  of  any  such  book  into  the  public 
schools  of  the  state,  such  superintendent  shall,  upon  conviction 
thereof  before  any  court  of  competent  jurisdiction,  be  found 
guilty  of  a  misdemeanor,  and  shall  be  fined  in  a  sum  not  less 
than  $1000  nor  exceeding  $5000,  or  shall  be  imprisoned  in  the 
penitentiary  for  any  time  not  less  than  one  year  nor  more  than 
five  years,  or  both  such  fine  and  imprisonment.  (Laws  1876, 
ch.  122,  art.  9,  sec.  3.) 

SEC.  377.  Officers  Prohibited  from  Taking  Contracts,  Doing 
Work  for  Profit,  or  Furnishing  Material.  [2873]  That  all 
officers,  state  and  county,  and  all  officers  appointed  or  elected 
for  the  purpose  of  overseeing  and  directing  any  of  the  public 
improvements  of  the  state,  and  all  officers  holding  and  exer- 
cising any  office  of  trust  or  profit  under  and  by  virtue  of  any 
law  of  the  state,  be  and  they  are  hereby  prohibited  from  tak- 
ing any  contract,  or  performing  or  doing  or  having  performed 
or  done  for  their  own  profit,  any  work  in  and  about  the  office 
holden  by  them,  or  in  or  about  any  work  over  which  they  have 
in  whole  or  in  part  the  supervision,  direction  or  control,  and 
from  furnishing  any  materials  used  in  any  such  work,  and 
from  furnishing  for  the  use  of  any  institution,  public  work, 
county,  township,  or  other  interest,  the  protection  of  which 
interest  is  a  part  of  the  duties  of  his  office,  any  firewood, 
clothing,  materials  for  building,  or  other  things  required  by 
such  institution,  public  work,  county,  township  or  other  in- 
terest so  in  the  keeping,  in  whole  or  in  part,  of  such  person. 
(Laws  1867,  ch.  123,  sec.  4.) 


CH.  12]  FIRE   PROTECTION.  133 


CHAPTER  XIL— Fire  Protection. 


§378.  Doors  of  schoolhouses. 

379.  Exits,   fire-escapes. 

380.  Furnaces. 

381.  Plans  of  buildings  submitted  to  state 

architect. 

382.  Inspection,  duty  of  school  boards. 


§383.  Fire-drills. 

384.  Penalty. 

385.  Time  for  compliance. 

386.  Duty  of  state  fire  marshal;  fire-drills; 

instruction  in  fire  prevention. 


SECTION  378.  Doors  of  Schoolhouses.  [7851]  That  the 
doors  of  all  public  or  private  schoolhouses  of  more  than  one 
story  shall  open  outwards,  and  all  doors  of  schoolhouses  shall 
remain  unlocked  while  school  is  in  session.  (Laws  1909,  ch. 
209,  sec.  1.) 

SEC.  379.  Exits,  Fire-escapes.  [7852]  That  in  every  public 
or  private  schoolhouse  of  two  or  more  stories  every  story 
above  the  first  shall  be  provided  with  either  two  or  more  exits 
from  the  upper  floor  separate  and  distinct  from  the  exits  of  the 
lower  floor,  or  shall  be  provided  with  sufficient  and  suitable 
fire-escapes,120  which  shall  be  built  of  iron  or  steel.  (Laws 
1909,  ch.  209,  sec.  2.) 

SEC.  380.  Furnaces.  [7853]  That  the  tops  of  all  furnaces 
in  public  and  private  schoolhouses  shall  be  covered  with  as- 
bestos covering  or  masonry,  and  the  top  of  such  furnace  shall 
not  be  nearer  than  eighteen  inches  to  the  nearest  woodwork 
above.  The  ceiling  above  said  furnaces  shall  be  covered  with 
asbestos.  (Laws  1909,  ch.  209,  sec.  3.) 

SEC.  381.    Plans  of  Buildings  Submitted  to  State  Architect. 

[7854]  That-  no  contract  shall  be  let  for  the  erection  of  any 
school  building,  nor  shall  any  public  funds  be  paid  out  for 
the  erection  of  schoolhouses  of  two  or  more  stories,  until  the 
plans  for  such  buildings  shall  have  been  submitted  to  the  state 
architect  and  approved  as  to  all  the  requirements  of  this  act. 
(Laws  1909,  ch.  209,  sec.  4.) 

SEC.  382.  Inspection;  Duty  of  School  Boards.  [7855]  That 
each  county  superintendent  shall  annually  inspect  each  public- 
school  building,  including  the  county-high-school  building,  in 
districts  under  his  supervision ;  and  the  mayor  or  fire  marshal 
shall  annually  inspect  all  public  and  private  school  buildings 
in  cities  of  the  second  class;  and  the  fire  marshal  shall  an- 
nually inspect  all  public  and  private  school  buildings  in  cities 
of  the  first  class.121  The  examining  officer  under  this  section 
shall  report  to  the  respective  school  boards  having  jurisdiction 
any  violation  of  this  act,  or  any  conditions  which  he  may  deem 

120.  A  ladder  fire-escape  is  not  a  "suitable"  fire-escape  for  a  school- 
house. 

121.  See  sections  845-847,  General  Statutes  of  1909,  concerning  the 
condemning  of  buildings  in  cities  of  the  third  class. 


134  FIRE  PROTECTION.  [CH.  12 

dangerous,  or  which  will  in  any  way  prevent  a  speedy  exit 
from  the  building,  and  it  shall  be  the  duty  of  said  school  board 
when  thus  notified  immediately  to  make  such  changes  as  are 
required  by  this  act,  and  such  boards  are  hereby  authorized 
to  draw  upon  their  general  revenue  funds,  without  further 
appropriation,  to  comply  with  all  the  requirements  of  this 
act.  (Laws  1909,  ch.  209,  sec.  5.) 

SEC.  383.  Fire-drills.  [7856]  That  in  every  public  or  pri- 
vate school  having  more  than  one  hundred  pupils  (excepting 
colleges  and  universities)  a  fire-drill  and  summary  dismissal 
from  the  building  shall  be  practiced  at  least  once  each  month 
at  some  time  during  scjiool  hours,  aside  from  the  regular  dis- 
missal at  the  close  of  the  day's  session.  (Laws  1909,  ch.  209, 
sec.  6.) 

SEC.  384.  Penalty.  [7857]  That  any  officer  or  member  of 
a  school  board  who  shall  permit  any  provision  of  this  act  to  be 
violated  for  sixty  days  may  be  removed  from  his  office  by  a 
civil  action.  Independent  of  such  civil  action,  any  officer, 
member  of  a  school  board,  city  superintendent,  principal  or 
teacher  violating  any  provision  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  or  more  than  five  hundred  dollars,  or  by 
imprisonment  in  jail  not  exceeding  six  months,  or  by  both  such 
fine  and  imprisonment;  provided,  however,  that  this  act  shall 
not  prevent  the  prosecution  and  punishment  of  an  officer  or 
other  person  under  the  ordinary  provisions  of  the  crimes  act 
for  death  or  injury  to  any  child  in  a  public  or  private  school 
occasioned  by  the  negligence  of  such  officer  or  other  person. 
(Laws  1909,  ch.  209,  sec.  7.) 

SEC.  385.  Time  for  Compliance.  [7858]  That  within  sixty 
days  after  the  taking  effect  of  this  act  the  provisions  of  section 
1  of  this  act  must  be  fully  complied  with,  and  within  one  hun- 
dred and  twenty  days  the  provisions  of  sections  2  and  3  must 
be  complied  with;  and  any  neglect  to  comply  with  the  pro- 
visions of  this  act  beyond  the  times  herein  specified  shall  sub- 
ject the  officers  and  persons  named  in  this  act  to  the  penalties 
prescribed  in  this  act.  (Laws  1909,  ch.  209,  sec.  8.) 

SEC.  386.  Duty  of  State  Fire  Marshal;  Fire  Drills;  Instruc- 
tion in  Fire  Prevention.  It  shall  be  the  duty  of  the  state  fire 
marshal,  his  deputy  or  other  assistants,  to  require  all  boards 
of  education  or  school  boards  of  all  public  and  private  schools 
in  all  buildings  to  see  that  all  teachers  of  said  schools  shall 
have  a  fire  drill  at  least  once  each  month,  and  to  keep  all  doors 
and  exits  to  or  from  the  room  unlocked  during  school  hours. 
The  state  fire  marshal  shall  prepare  a  bulletin  upon  the  cause 
and  dangers  of  fires,  arranged  in  not  less  than  four  divisions 
or  chapters,  and  under  the  direction  of  the  executive  council, 


CH.  12]  FIRE   PROTECTION.  135 

who  shall  have  published  and  deliver  the  same  to  the  public 
schools  throughout  the  state,  and  the  teachers  thereof  shall  be 
required  to  instruct  their  pupils  in  at  least  one  lesson  each 
quarter  of  the  school  year  with  reference  to  the  causes  and 
dangers  of  fires.  Any  board  of  education  or  board  of  trustees 
failing  to  comply  with  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  shall  be  punishable  by  a  fine  not 
to  exceed  ten  dollars  for  each  offense.  (Laws  1913,  ch.  312, 
sec.  15.) 


136 


HIGH   SCHOOLS. 


[CH.  13 


CHAPTER  XIII.— High  Schools. 
ARTICLE  I.— High-school  Tuition. 


§390.  Certificate  of  attendance;  payment. 

391.  High-school    tuition    paid    by    school 

districts. 

392.  Payment  of  taxes;  separate  accounts. 


§387.   Admission     of    non-residents    to    ac- 
credited high  schools. 

388.  Election    for   payment   of   high-school 

tution. 

389.  Tax  levy  for  high-school  tution. 

SECTION  387.  Admission  of  Nonresidents  to  Accredited  High 
Schools.  In  every  county  in  this  state  in  which  provision  is  not 
otherwise  made  for  free  high  school  tuition  for  every  qualified 
pupil  residing  in  said  county,  any  pupil  residing  in  any  school 
district  which  does  not  maintain  a  high  school  with  a  four- 
year  course  accredited  by  the  State  Board  of  Education  shall 
be  admitted  to  any  accredited  high  school  in  said  county,  on 
presentation  of  a  common  school  diploma  signed  by  the  county 
superintendent  of  public  instruction  and  certifying  that  said 
pupil  has  completed  the  course  of  study  prescribed  by  the  State 
Board  of  Education  for  elementary  rural  or  graded  school ;  and 
the  tuition  of  such  pupils  shall  be  paid  as  hereinafter  provided ; 
provided,  that  any  pupil  residing  in  any  school  district,  which 
does  not  maintain  a  high  school  with  a  four-year  course  ac- 
credited by  the  State  Board  of  Education  shall,  if  he  desires, 
be  admitted  to  the  high  school  .nearest  his  residence  in  the 
county  of  his  residence  or  adjoining  county ;  whether  such  high 
school  maintain  a  four-year  course  or  less  and  his  tuition  shall 
be  paid  in  the  same  manner  and  from  the  same  fund  as  pro- 
vided when  attending  an  accredited  high  school  maintaining  a 
four-year  course.  (Laws  1915,  ch.  314,  sec.  1.) 

SEC.  388.     Election  for  Payment  of  High-school  Tuition. 

That  the  provisions  of  this  act  shall  not  be  in  force  in  any 
county  until  they  have  been  adopted  therein  by  a  majority  of 
the  electors  voting  in  favor  thereof  at  an  election  submitting 
the  same  for  adoption.  At  the  next  general  election  after  the 
passage  of  this  act  the  following  proposition  shall  be  submitted 
in  each  county  in  the  state  to  which  this  act  applies,  namely: 
"Shall  the  provisions  of  the  law  of  1915,  relating  to  the  pay- 
ment of  the  tuition  of  high  school  pupils  in  certain  cases  apply 
in  this  county  ?"  The  election  shall  be  conducted  and  such 
proposition  shall  be  voted  on  and  the  votes  then  canvassed  and 
returns  made  in  all  respects  as  provided  by  law.  Whenever  a 
majority  of  the  voters  voting  on  this  proposition  in  any  county 
to  which  this  act  may  apply  at  such  election,  shall  be  in  favor 
of  such  proposition,  the  provisions  of  this  act  shall  apply  in 
such  county  from  the  time  such  result  is  ascertained.  If  the 
proposition  fails  to  carry,  it  may  be  submitted  at  the  next 
general  election  in  each  county  of  the  state  to  which  the  pro- 
visions of  this  act  may  apply  upon  petition  to  the  board  of 


CH.  13]  HIGH   SCHOOLS.  137 

county  commissioners  signed  by  twenty-five  per  cent  of  the 
electors  of  such  county  at  any  general  election  hereafter ;  pro- 
vided, that  only  those  electors  living  in  that  part  of  any  county 
that  would  be  subject  to  the  tax  levy  proposed  in  this  act  shall 
be  eligible  to  vote  upon  the  proposition  provided  for  in  this 
section.  (Laws  1915,  ch.  314,  sec.  2.) 

SEC.  389.  Tax  Levy  for  High-school  Tuition.  The  county 
superintendent  of  public  instruction  shall,  on  or  before  the 
25th  day  of  July  in  each  year,  certify  to  the  board  of  county 
commissioners  the  number  of  qualified  pupils  as  provided  in 
section  1  of  this  act,  and  the  amount  necessary  to  pay  the  high 
school  tuition  of  said  pupils  for  the  ensuing  year  at  the  rate  of 
one  dollar  per  week ;  and  the  county  commissioners  shall  levy 
on  all  of  the  taxable  property  in  said  county,  excluding  from 
said  levy  the  property  of  any  district  or  city  in  which  is  main- 
tained a  four-year  accredited  high  school,  or  rural  high  school, 
a  tax  sufficient  to  pay  said  high  school  tuition  as  certified  by 
the  county  superintendent;  and  in  case  the  county  commis- 
sioners shall  fail  to  make  such  levy,  then  the  county  superin- 
tendent of  public  instruction  shall  make  a  suitable  levy  and 
shall  certify  the  same  to  the  county  clerk,  who  shall  enter  upon 
the  tax  rolls  the  levy  so  made  by  the  county  superintendent; 
the  county  treasurer  shall  collect  said  tax  in  the  same  manner 
in  which  other  taxes  are  collected  and  shall  pay  the  same  to 
treasurers  of  school  districts  and  treasurers  of  boards  of  edu- 
cation as  hereinafter  provided.  (Laws  1915,  ch.  314,  sec.  3.) 

SEC.  390.     Certificate  of  Attendance;  Payment  of  Tuition. 

The  district  clerk  of  any  school  district  and  the  clerk  of  the 
board  of  education  of  any  city  of  the  first  or  second  class  lo- 
cated in  any  county  in  which  this  act  applies,  as  provided  in 
section  1,  shall,  on  or  before  the  30th  day  of  June  of  each  year, 
certify  to  the  county  superintendent  of  public  instruction  the 
names  and  the  number  of  non-resident  pupils  enrolled  in  the 
high  school  of  said  district  or  city  during  the  year  ending  on 
the  30th  day  of  June,  and  the  number  of  weeks  or  fraction 
thereof  during  which  each  of  said  pupils  has  attended  said 
high  school,  and  the  county  superintendent  shall  certify  the 
same  to  the  county  treasurer ;  the  county  treasurer  shall  pay 
to  the  school  district  treasurers  and  to  the  treasurers  of  boards 
of  education  an  amount  sufficient  to  pay  the  high  school  tuition 
of  said  pupils  at  the  rate  of  one  dollar  for  each  week's  at- 
tendance or  fraction  thereof;  and  if  the  tuition  fund  herein 
provided  for  shall  not  be  sufficient  to  pay  the  full  amount  of 
said  tuition,  then  said  fund  shall  be  distributed  pro  rata  among 
the  districts  and  cities  entitled  to  such  fund,  and  any  deficiency 
shall  be  provided  for  in  making  the  levy  for  the  succeeding 
year.  (Laws  1915,  ch.  314,  sec.  4.) 


138 


COUNTY   HIGH    SCHOOLS. 


[CH.  13 


SEC.  391.     High-school  Tuition  Paid  by  School  Districts.122 

[7790]  That  all  school  districts  located  in  counties  not  main- 
taining a  county  high  school  are  hereby  authorized,  at  each 
annual  meeting  of  the  several  school  districts,  to  levy,  in  the 
manner  provided  by  law  for  the  levying  of  other  taxes,  a  tax 
sufficient  to  pay  in  full  the  tuition  in  a  high  school  in  the  county 
or  any  adjoining  county  in  which  said  district  is  located  of 
each  and  every  scholar  whose  parents  or  guardians  are  actually 
residing  in  said  districts  in  good  faith  who  shall  desire  to  at- 
tend the  said  high  school  during  the  next  ensuing  year;  the 
number  of  such  scholars  to  be  ascertained  and  determined  by 
the  clerk  of  said  district  immediately  prior  to  the  holding  of 
the  annual  meeting  of  said  district;  provided,  however,  that 
the  provisions  of  this  act  sfeall  not  apply  to  any  county  in  which 
was  adopted  the  provisions  of  chapter  397  of  the  Session  Laws 
of  1905.  (Laws  1907,  ch.  336,  sec.  1.) 

SEC.  392.  Payment  of  Taxes;  Separate  Accounts.  [7791] 
The  taxes  provided  for  in  section  1  of  this  act  shall  be  paid  to 
the  county  treasurer  of  the  various  counties  as  other  taxes  are 
paid,  and  when  so  collected  shall  be  turned  over  to  the  school- 
district  treasurer  and  receipted  for  by  him  as  other  school 
moneys,  and  he  shall  keep  separate  accounts  of  such  funds,  and 
shall  pay  the  same  out  for  the  purposes  mentioned  in  this  act 
upon  the  same  terms  and  conditions  as  other  school-district 
moneys  are  paid  out.  (Laws  1899,  ch.  250,  sec.  2.) 

ARTICLE  II. — County  High  Schools  in  Counties  Having  a  Population  of 

Over  2000. 

§393.  What  counties  may  establish. 

394.  Election,   how  called. 

395.  Ballots  canvassed. 

396.  Election   of   trustees. 

397.  President,    secretary,    and    treasurer. 

398.  Levy  by  trustees. 

399.  Levy  limited. 

400.  Levy  limited;   exceptions. 

401.  Taxes  levied  and  collected. 

402.  Duties  of  treasurer  and  secretary. 

403.  Site  purchased;  buildings. 

SECTION  393.  What  Counties  May  Establish.  That  section 
7765  of  the  General  Statutes  of  Kansas  for  1909,  be  amended 
to  read  as  follows:  Sec.  7765.  That  each  county  having  a 
population  of  two  thousand  inhabitants  or  more,  as  shown  by 
the  last  state  or  federal  census,  may  establish  a  county  high 
school  on  the  conditions  and  in  the  manner  hereinafter  pre- 
scribed, for  the  purpose  of  affording  better  educational  facili- 
ties for  pupils  more  advanced  than  those  attending  district 
schools,  and  for  persons  who  desire  to  fit  themselves  for  the 
vocation  of  teaching:  (Laws  1915,  ch.  316,  sec.  1.) 

122.  The  provisions  of  sections  391  and  392  apply  in  counties  in  which 
the  provisions  of  sections  387-390  have  not  been  adopted. 


§404.   Employment  of  principal  and  teach- 
ers. 

405.  Courses  of  instruction. 

406.  Tuition;   admission  of  pupils. 

407.  Nonresident  pupils. 

408.  Rules  and  regulations. 

409.  Privileges  of  graduates  from  normal 

course. 

410.  Report   of   trustees. 

411.  Vacancies  in  board  of  trustees. 

412.  Compensation   of  trustees. 


CH.  13]  COUNTY   HIGH   SCHOOLS.  139 

SEC.  394.  Election.  [7766]  When  one-third  of  the  elec- 
tors of  a  county,  as  shown  by  the  returns  of  the  last  preceding 
election,  shall  petition  the  board  of  county  commissioners  re- 
questing that  a  county  high  school  be  established  in  their 
county,  at  a  place  in  the  said  petition  named,  or  whenever  the 
said  county  commissioners  shall  at  their  discretion  think 
proper,  they  shall  give  twenty  days'  notice  previous  to  the 
next  general  election,  or  previous  to  a  special  election  called 
for  that  purpose,  that  they  will  submit  the  question  to  the 
electors  of  said  county  whether  such  high  school  shall  be 
established,  and  at  the  place  specified,  at  which  election  the 
electors  of  the  county  shall  vote  by  ballot  for  or  against  estab- 
lishing such  high  school.  The  notice  contemplated  in  this 
section  shall  be  given  as  are  all  legal  notices  of  a  general  or  of 
a  special  election.  (Laws  1886,  ch.  147,  sec.  2.) 

SEC.  395.  Ballots  Canvassed.  [7767]  After  said  election 
the  ballots  on  said  question  shall  be  canvassed  in  the  same 
manner  as  in  the  election  of  county  officers,  and  if  a  majority 
of  all  the  votes  cast  shall  be  in  favor  of  establishing  such  high 
school,  the  county  commissioners  shall  immediately  proceed  to 
appoint  six  persons,  who  shall  be  residents  and  freeholders  of 
the  county,  but  no  more  than  two  of  whom  shall  be  residents 
of  the  same  commissioner  district,  who  shall,  with  the  county 
superintendent  of  instruction,123  constitute  a  board  of  trustees 
for  said  school.  Each  of  said  trustees  appointed  as  aforesaid 
shall  hold  his  office  until  his  successor  is  elected  and  qualified, 
and  shall  be  required,  within  ten  days  after  appointment,  to 
qualify  by  taking  the  usual  oath  of  office  and  by  giving  such 
bond  as  may  be  required  by  said  county  commissioners  for  the 
faithful  discharge  of  his  duties.  (Laws  1903,  ch.  432,  sec.  1.) 

SEC.  396.  Election  of  Trustees.  [7768]  At  the  next  gen- 
eral election  after  said  appointment,  there  shall  be  elected124 
six  high-school  trustees,  but  no  more  than  two  of  whom  shall 
be  residents  of  the  same  commissioner  district ;  three  of  whom 
shall  serve  for  two  years  and  three  of  whom  shall  serve  for 
four  years,  the  respective  terms  to  be  decided  by  lot;  these 
terms  to  be  known  and  designated  as  short  term  and  full  term, 
respectively.  Each  two  years  thereafter  there  shall  be  elected 
three  trustees,  but  no  more  than  one  of  whom  shall  be  a  resi- 
dent of  the  same  commissioner  district,  to  serve  a  term  of  four 
years,  to  succeed  those  whose  term  is  about  to  expire.  In 
those  counties  in  which  county  high  schools  have  already  been 
established,  the  present  high-school  trustees  shall  serve  until 
after  the  election  in  1904,  at  which  time  six  county-high-school 
trustees  shall  be  elected,  but  no  more  than  two  of  whom  shall 
reside  in  the  same  commissioner  district,  and  all  of  the  above 

123.  The  county  superintendent  is  entitled  to  vote  on  all  questions 
coming  before  the  board  of  trustees. 

124.  County-high-school  trustees  are  to  be  elected  by  the  entire  county. 


140  COUNTY   HIGH    SCHOOLS.  [CH.  13 

provisions  shall  thereafter  apply  to  said  counties.  Said  trus- 
tees shall  qualify  and  enter  upon  the  duties  of  their  office  in 
the  same  manner  and  at  the  same  time  as  other  county  officers. 
(Laws  1903,  ch.  432,  sec.  2.) 

SEC.  397.  President,  Secretary,  and  Treasurer.  [7769] 
The  county  superintendent125  shall,  by  virtue  of  his  office,  be 
president  of  said  board  of  trustees.  At  their  first  meeting  in 
each  year  they  shall  appoint  from  their  own  number  a  secre- 
tary and  treasurer,  who  shall  perform  the  usual  duties  de- 
volving upon  such  officers,  and  shall  hold  office  for  one  year, 
or  until  their  successors  are  appointed  and  qualified.  Said 
treasurer  shall  give  such  additional  bond  as  the  county  com- 
missioners shall  deem  sufficient.  A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business, 
but  four  votes  shall  be  required  to  decide  any  question.  (Laws 
1886,  ch.  147,  sec.  5.) 

SEC.  398.  Levy  by  Trustees.  [7770]  That  the  board  of 
trustees  of  any  county  high  school  in  the  state  of  Kansas  shall 
at  its  first  meeting,  and  annually  thereafter  before  the  first  day 
of  August  of  each  succeeding  year,  make  an  estimate  of  the 
amount  of  funds  needed  for  building  purposes,  for  the  pay- 
ment of  teachers'  wages,  for  contingent  purposes,  and  all  other 
educational  purposes  connected  with  said  high  school,  and  hav- 
ing made  such  estimate  shall  make  an  annual  levy  sufficient  to 
raise  the  amount  desired  for  such  purposes.  But  in  no  case 
shall  the  tax  for  such  purposes  exceed  in  one  year  the  amount 
of  the  levy  allowed  by  law  on  the  taxable  property  of  the 
county.  (See  note.)  (Laws  1909,  ch.  211,  sec.  1.) 

NOTE. — Limited  to  five-tenths  of  one  mill  by  Laws  1909,  ch.  245,  sec.  14 
(section  399  of  this  book). 

SEC.  399.  Levy  Limited.  [9407]  For  the  purpose  of  main- 
taining the  county  high  schools  provided  for  by  chapter  147, 
Laws  of  1886,  the  board  of  trustees  shall  not  levy  to  exceed 
five-tenths  of  one  mill  on  the  assessed  valuation  of  the  county. 
(Laws  1909,  ch.  245,  sec.  14.) 

SEC.  400.  Levy  Limited;  Exceptions.  That  section  1  of 
chapter  279,  Session  Laws  of  1913,  be  and  the  same  is  hereby 
amended  to  read  as  follows :  Sec.  1.  For  the  purpose  of  main- 
taining county  high  schools  provided  for  by  chapter  147,  Laws 
of  1886,  the  board  of  trustees  shall  not  levy  to  exceed  nine- 
tenths  mill  on  the  assessed  valuation  of  the  county;  provided, 
this  act  shall  not  apply  to  counties  having  a  valuation  in  excess 
of  twenty-eight  million  dollars;  provided,  that  this  act  shall 
not  apply  to  counties  having  county  high  schools,  which  were 
established  after  1906.  (Laws  1915,  ch.  317,  sec.  1.) 

125.  The  county  superintendent  can  not  legally  be  allowed  any  addi- 
tional compensation  for  services  as  a  member  of  the  county-high-school 
board  except  where  his  salary  is  on  a  per  diem,  basis. 


CH.  13]  COUNTY   HIGH   SCHOOLS.  141 

SEC.  401.  Taxes  Levied  and  Collected.  [7771]  Said  rate 
of  tax  shall  be  certified  to  the  county  clerk  of  the  county  in 
which  said  county  high  school  is  situated,  by  the  president 
and  secretary  of  said  board  of  trustees,  and  the  said  county 
clerk  is  hereby  authorized  and  required  to  place  the  same  on 
the  tax-rolls  of  the  county,  and  said  tax  shall  be  collected  in 
the  same  manner  as  other  county  taxes,  and  when  collected 
the  county  treasurer  shall  pay  the  same  to  the  treasurer  of  the 
county  high  school  in  the  same  manner  that  school  funds  are 
paid  to  the  district  treasurers  as  required  by  law.  (Laws  1909, 
ch,  211,  sec.  2.) 

SEC.  402.  Duties  of  Treasurer  and  Secretary.  [7772]  The 
said  treasurer  of  the  high  school  shall  receive  from  the  county 
treasurer,  and  from  other  parties,  all  moneys  that  belong  to 
•the  funds  of  said  school,  and  shall  pay  out  the  same  only  by 
direction  of  the  board  of  trustees,  upon  orders  duly  signed  by 
the  president  and  countersigned  by  the  secretary,  stating  the 
purpose  for  which  they  were  drawn.  Both  the  secretary  and 
treasurer  shall  keep  an  accurate  account  of  all  moneys  re- 
ceived and  expended  for  said  school,  and  at  the  close  of  each 
year,  or  oftener  if  required  by  the  board  of  trustees,  they  shall 
make  a  full  statement  of  the  financial  affairs  of  the  school. 
(Laws  1886,  ch.  147,  sec.  8.) 

SEC.  403.  Site  and  Buildings.  [7773]  The  said  board  of 
trustees  shall  proceed,  as  soon  as  practicable  after  the  appoint- 
ment as  aforesaid,  to  select,  at  the  place  determined  by  the  vote 
of  the  county,  the  best  site  that  can  be  obtained  without  expense 
to  the  county,  and  the  title  thereof  shall  be  vested  in  the  said 
county ;  they  shall  then  proceed  to  make  purchases  of  material, 
and  to  let  such  contracts  for  their  necessary  school  buildings 
as  they  may  deem  proper,  but  shall  not  make  any  purchase  or 
contract  in  any  year  to  exceed  the  amount  on  hand,  and  to  be 
raised  by  the  levy  of  tax  for  that  year.  The  board  of  trustees, 
at  their  discretion,  may  lease  suitable  buildings  for  the  use  of 
the  high  school  while  new  buildings  are  in  process  of  erection, 
the  rent  to  be  paid  by  the  fund  created  by  the  levy  for  high- 
school  purposes.  (Laws  1886,  ch.  147,  sec.  9.) 

SEC.  404.  Employment  of  Principal  and  Teachers.  [7774] 
When  such  board  of  trustees  shall  have  finished  a  building  for 
said  school,  they  shall  employ  some  suitable  person,  who  shall 
take  charge  of  the  same  and  teach  in  the  same,  and  shall  be 
known  as  the  principal  of  such  school;  and  the  trustees  shall 
furnish  such  assistant  teachers  as  they  deem  necessary,  and 
shall  provide  for  their  salaries.  (Laws  1886,  ch.  147,  sec.  10.) 

SEC.  405.  Courses  of  Instruction.  [7775]  There  shall  be 
provided  three  courses  of  instruction,  each  requiring  four 
years*  study126  for  completion,  namely,  a  general  course,  a 

126.    Does  not  apply  to  Reno  county  high  school.     (Laws  1905,  ch.  457.) 


142  COUNTY    HIGH   SCHOOLS.  [CH.  13 

normal  course,  and  a  collegiate  course.  The  general  course 
shall  be  designed  for  those  who  can  not  continue  school  life 
after  leaving  said  high  school.  The  normal  course  shall  be 
designed  for  those  who  intend  to  become  teachers,  and  shall 
fully  prepare  any  who  wish  to  enter  the  first  year  of  profes- 
sional work  at  the  State  Normal  School.  The  collegiate  course 
shall  fully  prepare  those  who  wish  to  enter  the  freshman  class 
of  the  college  of  liberal  arts  and  sciences  of  the  State  Uni- 
yerity,  or  of  the  State  Agricultural  College,  or  of  any  other 
institution  of  higher  learning  in  this  state.  Whenever  prac- 
ticable, students  in  these  courses  shall  recite  in  the  same 
classes.  Students  in  the  last  year  of  the  normal  course  may 
be  employed  for  a  portion  of  their  time  in  teaching  the  pupils 
of  the  first  year  in  any  course,  and  model  schools  shall  be  en- 
couraged. (Laws  1905,  ch.  389,  sec.  1.) 

SEC.  406.  Tuition  and  Admission.  [7776]  Tuition  shall  be 
free  to  all  pupils  residing  in  the  county  where  the  school  is 
located.  The  board  of  trustees  shall  make  such  general  rules 
and  regulations  as  they  may  deem  proper  in  regard  to  age  and 
grade  of  attainments  essential  to  entitle  pupils  to  admission 
to  such  school;  provided,  that  no  person  shall  be  admitted  to 
such  high  school  who  shall  not  have  passed  a  satisfactory  ex- 
amination in  all  the  work  of  the  district  schools  of  the  county 
in  which  such  high  school  is  situated.  If  there  should  be  more 
applicants  than  can  be  accommodated  at  any  one  time,  each 
district  shall  be  entitled  to  send  its  equal  proportion  of  pupils, 
according  to  the  number  of  pupils  it  may  have,  as  shown  by 
the  last  report  to  the  county  superintendent  of  public  instruc- 
tion; and  the  boards  of  the  respective  school  districts  shall 
designate  such  pupils  as  may  attend,  subject  to  the  proviso 
above.  (Laws  1886,  ch.  147,  sec.  12.) 

SEC.  407.  Nonresident  Pupils.  [7777]  If  at  any  time  the 
school  can  accommodate  more  pupils  than  apply  for  admission 
from  that  county  in  which  the  school  is  situated,  the  vacancies 
may  be  filled  by  applicants  from  other  counties,  upon  the  pay- 
ment of  such  tuition  as  the  board  of  trustees  may  prescribe, 
but  at  no  time  shall  such  pupils  continue  in  such  school  to  the 
exclusion  of  pupils  residing  in  the  county  in  which  such  school 
is  situated.  (Laws  1886,  ch.  147,  sec.  13.) 

SEC.  408.  Rules  and  Regulations.  [7778]  The  principal 
of  any  such  high  school,  with  the  approval  of  the  board  of 
trustees,  shall  make  such  rules  and  regulations  as  he  may  deem 
proper  in  regard  to  the  studies,  conduct  and  government  of  the 
pupils  under  his  charge  while  they  shall  continue  to  be  en- 
rolled at  such  school ;  and  if  any  such  pupil  will  not  conform 
to  nor  obey  the  rules  of  the  school,  they  may  be  suspended 
therefrom  temporarily  by  the  principal,  and  may  be  expelled 
by  the  board  of  trustees.  (Laws  1907,  ch.  335,  sec.  1.) 


CH.  13]  COUNTY   HIGH   SCHOOLS.  143 

SEC.  409.     Privileges  of  Graduates  from  Normal  Course. 

[7780]  Those  graduating  from  the  normal  course  in  the 
county  high  school  shall  be  entitled  to  a  teacher's  second-grade 
certificate,127  and  shall  be  admitted  to  the  first  year  of  profes- 
sional work  at  the  State  Normal  School  without  further  exam- 
ination ;  and  those  graduating  from  the  collegiate  course  shall 
be  entitled  to  admission  to  the  freshman  class  of  the  State 
University,  and  of  the  State  Agricultural  College,  without 
further  examination.  (Laws  1886,  ch.  147,  sec.  15.) 

.  SEC.  410.  Report  of  Trustees.  [7781]  The  board  of  trus- 
tees shall  annually  make  a  report  to  the  county  commissioners, 
which  shall  specify  the  number  of  students  attending  the  high 
school  during  the  year,  their  sex,  and  the  branches  taught,  the 
text-books  used,  the  number  of  teachers  employed,  the  salaries 
paid,  the  amounts  expended  respectively  for  library,  appa- 
ratus, buildings,  and  for  all  other  purposes ;  also  the  amount  of 
funds  on  hand,  the  debts  unpaid,  if  any;  the  amounts  due,  if 
any ;  and  all  other  information  deemed  important  or  expedient 
to  report.  Said  report  shall  be  printed  in  at  least  one  news- 
paper of  the  county,  if  any  is  published  therein,  and  a  copy  of 
the  report  shall  be  forwarded  to  the  state  superintendent  of 
public  instruction.  (Laws  1886,  ch.  147,  sec.  16.) 

SEC.  411.  Vacancies  in  Board  of  Trustees.  [7782]  The 
county  commissioners  shall  have  power  to  fill  any  vacancies 
that  may  occur  in  the  board  of  trustees  for  that  county,  by  ap- 
pointment until  the  next  general  election.  (Laws  1886,  ch. 
147,  sec.  17.) 

SEC.  412.  Compensation  of  Trustees.  [7783]  The  county 
board  of  county-high-school  trustees  shall  allow  to  each  mem- 
ber thereof  the  sum  of  three  dollars  per  day  for  the  time 
actually  and  necessarily  employed  in  the  discharge  of  his  of- 
ficial duties,  and  in  addition  thereto  the  sum  of  five  cents  per 
mile  necessarily  traveled  in  attending  meetings  of  the  board, 
and  when  such  accounts  are  presented  for  payment  they  shall 
be  audited  and  paid  out  of  the  county-high-school  fund  in  the 
same  manner  as  other  accounts  against  said  board.  Said 
trustees  shall  not  be  allowed  any  other  remuneration  for  serv- 
ices or  expenses.  (Laws  1907,  ch.  334,  sec.  1.) 

127.  This  certificate  should  be  issued  by  the  county  board  of  examiners 
and  should  state  thereon  that  it  was  issued  by  virtue  of  graduation  from 
the  county  high  school.  The  usual  fee  of  one  dollar  should  be  collected 
from  each  applicant. 


144 


COUNTY   HIGH   SCHOOLS. 


[CH.  13 


ARTICLE  III. — County  High  Schools  in  Counties  Having  a  Population  of 

Less  than  6000. 


§413.  May  be   established   at   county   seats. 

414.  Course  of  study. 

415.  Privileges  of  graduates. 

416.  May  employ  teachers. 

417.  Free  to  pupils  in  the  county. 


§418.   Petition  or  election. 

419.  Bonds  may  be  issued. 

420.  Bond  election. 

421.  Issuance  of  bonds. 

422.  Illegal  use  of  proceeds. 


SECTION  413.  May  Establish  at  County  Seat.  [7784]  That 
the  county  commissioners  of  any  county  of  Kansas  having  a 
population  of  less  than  6,000  be  and  they  are  hereby  authorized 
to  negotiate  with  the  school  district  or  school  districts  at  the 
county  seat  of  such  county  for  the  establishment  of  a  county 
high  school;  provided,  that  on  the  presentation  of  a  petition 
signed  by  a  majority  of  the  electors  of  any  such  county,  as 
shown  by  the  returns  of  the  last  preceding  general  election, 
the  county  commissioners  shall  call  an  election  for  the  purpose 
of  determining  whether  they  shall  make  such  contract  as  afore- 
said ;  and  if  at  such  election  a  majority  of  the  votes  cast  shall 
be  in  favor  of  making  said  contract,  then  and  in  that  case  it 
shall  be  the  duty  of  such  commissioners  to  make  such  contract. 
(Laws  1903,  ch.  433,  sec.  1.) 

SEC.  414.  Course  of  Study.  [7785]  Such  county  high 
schools  when  established  shall. adopt  a  course  of  study  to  be 
prescribed  by  the  State  Board  of  Education.  (Laws  1897,  ch. 
180,  sec.  2.) 

SEC.  415.  Privileges  of  Graduation.  [7786]  Upon  the 
presentation  of  a  certificate  of  graduation  from  any  such 
county  high  school,  within  one  year  from  the'date  of  the  same, 
to  any  state  institution  of  learning,  the  person  presenting  the 
same  may  be  admitted  without  further  examination  to  said 
institution  of  learning.  (Laws  1897,  ch.  180,  sec.  3.) 

SEC.  416.  May  Employ  Teachers.  [7787]  For  the  purpose 
of  carrying  this  act  into  effect,  the  boards  of  county  commis- 
sioners in  such  counties  may  employ  such  number  of  teachers 
in  addition  to  those  regularly  employed  by  the  district  at  the 
county  seat  as  shall  in  their  judgment  be  necessary  for  the 
purpose  of  conducting  such  schools,  and  pay  such  teachers 
from  the  general  fund  of  the  county.  (Laws  1897,  ch.  180, 
sec.  4.) 

SEC.  417.  Free  to  Pupils  in  the  County.  [7788]  Such 
county  high  school  shall  be  free  to  all  persons  of  school  age 
in  their  respective  counties.  (Laws  1897,  ch.  180,  sec.  5.) 

SEC.  418.  Petition  or  Election.128  [7789]  No  county  high 
school  as  herein  provided  for  shall  be  established  except  upon 
a  petition  signed  by  a  majority  of  the  electors  of  the  county 
or  pursuant  to  an  election  held  in  such  county  for  the  purpose 

128.    See  section  413  of  this  book. 


CH.  13]  COUNTY   HIGH   SCHOOLS.  145 

of -voting  upon  the  question  of  establishing  such  county  high 
schools.     (Laws  1897,  ch.  180,  sec.  6.) 

SEC.  419.  Bonds  May  be  Issued.  [7802]  That  any  county 
which  has  established  a  county  high  school  under  the  provi- 
sions of  chapter  180,  Session  Laws  of  1897,  as  amended  by 
chapter  433,  Session  Laws  of  1903,  is  hereby  authorized  and 
empowered  to  issue  and  sell  bonds  of  the  county  for  the  pur- 
pose of  erecting,  furnishing  and  equipping  a  building  for  the 
use  of  the  county  high  school  of  the  county ;  provided,  that  no 
bonds  shall  be  issued  as  provided  for  in  this  section  until  the 
same  has  been  submitted  to  the  electors  of  the  county  at  a  gen- 
eral election,  or  at  a  special  election  called  for  that  purpose, 
and  a  majority  of  the  voters  voting  upon  the  proposition  shall 
have  voted  in  favor  of  the  same ;  provided,  that  the  provisions 
of  this  act  shall  not  be  construed  as  applying  to  any  county  in 
which  is  located  a  city  of  the  first  class.  (Laws  1907,  ch.  332, 
sec.  1.) 

SEC.  420.  Bond  Election.  [7803]  When  a  petition  signed 
by  twenty-five  per  cent  of  the  legal  voters  of  the  county,  as 
shown  by  the  latest  official  poll  of  the  county,  shall  have  been 
presented  to  the  board  of  county  commissioners  of  the  county, 
asking  that  the  question  of  issue  of  the  bonds  for  the  purpose 
named  in  this  act  be  submitted  to  a  vote  of  the  people,  it  shall 
become  the  duty  and  is  hereby  made  the  duty  of  the  board  of 
county  commissioners  to  make  provisions  to  submit  the  ques- 
tion to  a  vote  of  the  people ;  provided,  that  if  a  general  election 
is  to  be  held  within  six  months  after  the  receipt  of  the  petition, 
the  board  of  county  commissioners  shall  submit  the  question  at 
the  next  general  election ;  otherwise,  the  board  of  county  com- 
missioners shall  call  a  special  election  for  this  purpose,  by 
giving  not  less  than  thirty  days'  notice  by  publication  in  not 
less  than  four  issues  of  a  newspaper  of  general  circulation  in 
the  county.  (Laws  1907,  ch.  332,  sec.  2.) 

SEC.  421.  Issuance  of  Bonds.  [7804]  The  bonds  issued  by 
authority  of  this  act  shall  not  exceed  in  any  county  in  amount 
twenty  thousand  dollars,  in  denominations  of  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars,  and  shall 
bear  not  more  than  five  per  cent  interest,  payable  semiannu- 
ally,  as  shown  by  coupons  attached,  and  shall  mature  not  later 
than  twenty  years  from  the  date  thereof.  The  bonds  herein 
provided  for  shall  recite  that  they  are  issued  in  pursuance  of 
the  provisions  of  this  act.  (Laws  1907,  ch.  332,  sec.  3.) 

SEC.  422.  Illegal  Use  of  Proceeds.  [7805]  It  shall  be  un- 
lawful for  the  board  of  county  commissioners  or  any  other  per- 
son or  persons  to  use  or  appropriate  any  of  the  proceeds  of  the 
bonds  herein  provided  for  any  other  purpose  than  that  pre- 
scribed in  this  act.  (Laws  1907,  ch.  332,  sec.  4.) 

—10 


146 


COUNTY   AID. 


[CH. 


ARTICLE  IV. — County  Aid  in  Counties  Having  a  Population  of  Less 

than  10,000. 


§423.   Aid  by  county  commissioners. 

424.  Course  of  study. 

425.  Free   tuition;    entrance   certificate. 

426.  Supervision. 

427.  Petition. 

428.  Levy;  limitation. 


§429.  Collection  and  use  of  funds. 

430.  Duty  of  county  treasurer. 

431.  Report  of  principal. 

432.  Petition;    levy. 

433.  Duty  of  county   superintendent. 

434.  County  exempt. 


SECTION  423.  Aid  by  County  Commissioners.  That  the 
county  superintendent  and  county  commissioners  of  any  county 
in  Kansas  having  a  population  of  less  than  10,000  inhabitants 
are  hereby  authorized  to  make  provision  for  aid  to  a  certain 
high  school  or  high  schools  in  such  county,  and  to  provide  for 
the  support  of  the  same  as  hereinafter  prescribed.  (Laws 
1911,  ch.  263,  sec.  1.) 

SEC.  424.  Course  of  Study.  Such  high  schools,  when  aided, 
shall  adopt  a  course  of  study  to  be  prescribed  by  the  State 
Board  of  Education.  (Laws  1911,  ch.  263,  sec.  2.) 

SEC.  425.  Free  Tuition;  Entrance  Certificate.  Such  high 
schools  shall  be  free  to  all  persons  of  school  age  who  are  actual 
residents  of  the  respective  counties ;  provided,  that  such  person 
shall  present  to  the  principal  of  the  high  school  an  entrance 
certificate,  signed  by  the  county  superintendent  of  public  in- 
struction, certifying  that  he  has  completed  the  course  of  study 
prescribed  by  the  State  Board  of  Education  for  the  public 
schools  below  the  high  school.  (Laws  1911,  ch.  263,  sec.  3.) 

SEC.  426.  Supervision.  Such  high  schools  when  aided  shall 
be  under  the  supervision  and  control  of  the  county  superin- 
tendent and  district  board  or  board  of  education  of  the  district 
or  city  in  which  the  school  is  located.  (Laws  1911,  ch.  263, 
sec.  4.) 

SEC.  427.  Petition.  That  section  5  of  chapter  263  of  the 
Session  Laws  of  1911  be  amended  so  as  to  read  as  follows: 
Sec.  5.  No  high  school  as  herein  provided  for  shall  be  eligible 
for  such  aid  except  upon  a  petition  to  the  county  superintend- 
ent and  county  commissioners  of  the  county  in  which  such 
.school  or  schools  are  sought  to  be  aided,  signed  by  a  majority 
•of  the  school  electors  of  the  county  in  which  the  school  is 
sought  to  be  aided.  (Laws  1915,  ch.  315,  sec.  1.) 

SEC.  428.  Levy;  Limitation.  That  section  6  of  chapter  263 
of  the  Session  Laws  of  1911  be  amended  so  as  to  read  as  fol- 
lows :  Sec.  6.  For  the  purpose  of  carrying  this  act  into  effect, 
the  board  of  county  commissioners  in  such  county  shall  an- 
nually levy  such  tax  only  as  may  be  necessary  not  to  exceed 
one  and  one-half  mills  on  the  dollar  of  the  assessed  valuation 
of  the  taxable  property  of  counties  having  a  population  of 
3000  inhabitants  or  less,  and  not  to  exceed  one-half  mill  on  the 
dollar  of  the  assessed  valuation  of  the  taxable  property  in 


CH.  13]  COUNTY  AID.  147 

counties  having  a  population  of  more  than  3000  inhabitants. 
(Laws  1915,  ch.  315,  sec.  2.) 

SEC.  429.  Collection  and  Use  of  Funds.  Said  tax  shall  be 
levied  and  collected  in  the  same  manner  as  other  county  taxes, 
but  no  part  of  such  general  school  fund  shall  ever  be  used  for 
other  than  high-school  purposes.  (Laws  1911,  ch.  263,  sec.  7.) 

SEC.  430.  Duty  of  County  Treasurer.  The  county  treasurer 
shall  pay  to  the  treasurer  of  the  school  district  or  districts 
maintaining  such  high  schools  such  sums  of  money  as  the 
county  superintendent  shall  certify  to  be  necessary  and  proper 
for  each  of  said  districts  respectively.  (Laws  1911,  ch.  263, 
sec.  8.) 

SEC.  431.  Report  of  Principal.  It  shall  be  the  duty  of  the 
principal  of  each  of  such  high  schools,  at  the  expiration  of  the 
school  year,  to  make  a  report  to  the  county  superintendent 
showing  the  total  enrollment  in  such  high  school  or  high  schools 
and  the  number  of  months  attended  by  each  pupil,  and  to 
furnish  such  other  reports  as  the  county  superintendent  may 
require,  and  his  last  month's  salary  shall  not  be  due  until  such 
reports  shall  have  been  duly  made.  (Laws  1911,  ch.  263, 
sec.  9.) 

SEC.  432.  Petition;  Levy.  If,  upon  the  presentation  of  a 
petition  addressed  to  the  county  commissioners  of  any  county 
by  a  majority  of  the  school  electors  of  such  county,  asking  that 
certain  aid  be  extended  to  a  certain  school  district  or  school 
districts  therein,  as  provided  for  herein,  and  said  county  super- 
intendent and  county  commissioners  decide  to  provide  the  aid 
petitioned  for,  said  board  of  county  commissioners  shall,  at  the 
regular  meeting  held  by  it  on  the  first  Monday  in  August  there- 
after, levy  such  tax  on  the  taxable  property  of  the  entire  county 
sufficient  to  raise  the  amount  necessary  to  aid  such  district  or 
districts  as  said  county  superintendent  and  said  board  of  com- 
missioners believe  proper.  (Laws  1911,  ch.  263,  sec.  10.) 

SEC.  433.  Duty  of  County  Superintendent.  It  shall  be  the 
duty  of  the  county  superintendent  to  certify  to  the  county  com- 
missioners and  to  the  county  treasurer,  on  or  before  the  1st 
day  of  July  in  each  year,  the  amount  of  money  necessary  to  aid 
the  district  or  districts  maintaining  high  schools  under  the 
provisions  of  this  act,  for  the  year  ending  on  the  30th  day  of 
June  preceding,  and  the  county  commissioners  shall  thereupon 
make  such  a  levy  only,  within  the  limitations  herein  prescribed, 
as  may  be  necessary  to  produce  the  amount  of  aid  herein  pro- 
vided for  such  high  school  or  high  schools,  within  their  re- 
spective counties.  (Laws  1911,  ch.  263,  sec.  11.) 

SEC.  434.  Counties  Exempt.  Counties  maintaining  a  county 
high  school  and  counties  having  high  schools  in  operation  under 
the  provisions  of  chapter  397  of  the  Laws  of  1905,  or  the  pro- 
visions of  said  chapter  as  amended,  shall  be  exempt  from  the 
provisions  of  this  act.  (Laws  1911,  ch.  263,  sec.  12.) 


148  COUNTY   HIGH   SCHOOLS,   SPECIAL   ACT.  [CH.  13 


ARTICLE  V.— County  High  Schools  Established  by  Special  Act. 

§436.  May     come     under     general     county        §436.  County  tax  for  buildings, 
high-school   law. 

SECTION  435.    May  Come  Under  General  County  High-school 

Law.  Whenever  any  school  district  in  which  is  located  a 
county  high  school  operating  under  the  provisions  and  by  the 
authority  of  any  special  act  of  the  legislature  of  the  state  of 
Kansas,  shall  by  a  vote  of  a  majority  of  the  qualified  electors 
present  at  any  general  or  special  school  meeting,  regularly 
called  as  provided  by  law,  offer  to  transfer  to  the  county  all 
buildings,  desks,  chairs,  stoves  and  other  equipment  used  in 
carrying  on  said  high  school  and  signify  their  willingness  to 
have  the  said  county  high  school  come  under  and  be  operated 
and  maintained  by  the  provisions  of  the  general  county  high 
school  law  of  the  state  of  Kansas  and  the  district  clerk  of  said 
school  district  shall  have  filed  a  certified  copy  of  the  minutes 
of  said  meeting  with  the  county  clerk  of  the  county  wherein 
said  high  school  is  located,  upon  a  petition  in  writing  signed 
by  at  least  25%  of  the  qualified  electors  of  the  county  being 
presented  to  the  board  of  county  commissioners  of  said  county, 
the  board  of  county  commissioners  shall  call  a  special  election 
for  the  purpose  of  voting  upon  the  question  of  accepting  the 
offer  of  said  school  district  and  placing  said  county  high  school 
under  the  control  of  the  general  county  high  school  laws  of  the 
state  of  Kansas  and  if  a  majority  of  all  the  votes  cast  shall  be 
in  favor  thereof,  said  property  offered  to  be  transferred  by  said 
school  district  to  the  county  shall  thereby  become  the  property 
of  the  county  to  be  used  for  county  high  school  purposes  and 
the  said  county  high  school  shall  come  under  the  control  and  be 
operated  and  maintained  in  all  respects  in  accordance  with  the 
provisions  of  the  general  county  high  school  laws  of  the  state 
of  Kansas.  (Laws  1915,  ch.  313,  sec.  1.) 

SEC.  436.  County  Tax  for  Buildings.  In  any  county  in  the 
state  of  Kansas  not  exceeding  4800  in  population  in  which  a 
county  high  school  has  been  established  by  special  act  of  the 
legislature  the  county  commissioners,  upon  a  petition  signed 
by  one-fourth  of  the  legal  electors  of  said  county  as  shown  by 
the  poll  books  of  the  last  preceding  general  election,  shall  sub- 
mit to  the  voters  of  said  county  the  following  proposition: 
Shall  the  county  commissioners  levy  a  tax  for  the  purpose  of 
building  and  furnishing  a  building  for  the  county  high  school 

at (inserting  the  name  of  the  location  of  said  school)  ? 

The  said  proposition  may  be  voted  on  at  any  general  election 
or  at  a  special  election  called  for  this  purpose  by  the  county 
commissioners,  notice  of  which  election  shall  be  given  as  pro- 
vided by  law.  If  said  proposition  shall  be  favored  by  a  ma- 


CH.  13] 


BARNES   HIGH   SCHOOLS. 


149 


jority  of  those  voting  thereon,  the  county  commissioners  shall 
levy  annually  for  a  period  of  not  more  than  four  years  a  tax 
not  exceeding  four  mills  on  ,the  dollar  of  all  the  taxable  prop- 
erty in  said  county ;  and  said  taxes  shall  be  levied,  entered  upon 
the  tax  roll,  and  collected  in  the  same  manner  as  other  taxes, 
and  the  funds  so  provided  shall  be  used  for  the  purpose  of 
building  and  furnishing  a  building  for  the  county  high  school 
of  said  county  and  any  surplus  shall  be  turned  into  the  general 
county  high  school  fund.  All  payments  authorized  by  the  pro- 
visions of  this  act  shall  be  made  in  the  manner  provided  by  law 
for  paying  the  other  expenses  of  said  county  high  school. 
(Laws  1915,  ch.  318,  sec.  1.) 

ARTICLE  VI.— Barnes  High  Schools. 


§437.   County  tax  for  high  schools. 

438.  Levy,    limitation. 

439.  Levy,  limitation  and  exception. 

440.  Levy    made,    when. 

441.  Funds    collected. 

442.  Apportionment  of  funds. 

443.  Levy,   joint  districts. 

444.  Report  of  principal. 

445.  County    superintendent    shall    certify 

to  county  clerk. 


§446.   Tuition   free. 

447.  Courses  of  study. 

448.  Some   cities   and   counties   exempt. 

449.  When  in  force. 

450.  "Barnes"    law    in    effect    in    certain 

counties. 

451.  County   treasurer   to  pay   taxes   col- 

lected. 

452.  Penalty,  county  treasurer  not  paying 

over  money. 


SECTION  437.  County  Tax  for  High  Schools.  That  section 
7792  of  the  General  Statutes  of  Kansas  of  1909  be  amended 
to  read  as  follows :  Sec.  7792.  In  every  county  in  the  state  of 
Kansas  in  which  one  or  more  school  districts  or  cities  of  less 
than  sixteen  thousand  inhabitants  shall  have  maintained  high 
schools  with  courses  of  instruction  admitting  those  who  com- 
plete the  same  to  the  freshman  class  of  the  college  of  liberal 
arts  and  sciences  of  the  University  of  Kansas,  the  county  com- 
missioners shall  levy  a  tax  each  year  of  not  less  than  one-fourth 
of  a  mill  nor  more  than  three  mills129  on  the  dollar  of  the  as- 
sessed valuation  of  the  taxable  property  within  such  counties 
for  the  purpose  of  creating  a  general  high-school  fund;  pro- 
vided that  in  counties  of  less  than  4,000  inhabitants  and  in 
which  there  is  only  one  high  school  operating  under  the  pro- 
visions of  this  act,  the  county  commissioners  of  such  county 
may  levy  one-half  mill  for  the  purpose  of  aiding  such  high 
schools  in  the  construction,  maintenance  and  up-keep  of  such 
high-school  buildings.  (Laws  1913,  ch.  277,  sec.  1.) 

SEC.  438.  Levy,  Limitations.  [9408]  The  authority  of 
the  board  of  county  commissioners  of  each  county,  as  provided 
in  chapter  397  of  the  Session  Laws  of  1905,  to  levy  annually  r. 
tax  by  means  of  which  to  raise  the  necessary  funds  for  the  sup- 
port of  the  high  schools  provided  for  by  said  chapter  397  of  the 
Laws  of  1905,  is  hereby  limited  so  that  the  said  board  shall  not 

129.  Limited  to  five-tenths  or  nine-tenths  of  one  mill  by  Laws  of  1909, 
ch.  245,  sec.  15,  and  Laws  of  1915,  ch.  317,  sec.  2.  (Sections  438  and 
439  of  this  book.) 


150  BARNES   HIGH   SCHOOLS.  [CH.  13 

levy  in  excess  of  five-tenths  of  one  mill  upon  the  dollar  upon  all 
taxable  property.     (Laws  1909,  ch.  245,  sec.  15.) 

SEC.  439.  Levy,  Limitation  and  Exception.  That  section  2 
of  chapter  279  of  the  Session  Laws  of  1913,  be  and  the  same  is 
hereby  amended  to  read  as  follows :  Sec.  2.  The  authority  of 
the  board  of  county  commissioners  of  each  county  as  provided 
in  chapter  397  of  the  Session  Laws  of  1905  to  levy  annually  a 
tax  by  means  of  which  it  raised  the  necessary  funds  for  the 
support  of  the  high  school  provided  for  by  said  chapter  397  of 
the  Session  Laws  of  1905,  is  hereby  limited  so  that  the  said 
board  shall  not  levy  in  excess  of  nine-tenths  mill  upon  all 
taxable  property ;  provided,  that  this  section  shall  not  apply  to 
counties  having  a  valuation  in  excess  of  twenty-eight  million 
dollars.  (Laws  1915,  ch.  317,  sec.  2.) 

SEC.  440.  Levy  Made,  When.  [7793]  The  first  levy  shall 
be  made  when  the  result  of  the  election  or  petition  is  de- 
termined, and  a  similar  levy  shall  be  made  each  year  there- 
after; provided,  no  levy  shall  be  made  until  one  or  more  such 
high  schools  shall  have  been  maintained  in  the  county  the  pre- 
ceding school  year.  (Laws  1905,  ch.  397,  sec.  2.) 

SEC.  441.  Funds  Collected.  [7794]  Said  tax  shall  be  levied 
and  collected  in  the  same  manner  as  other  county  taxes,  and, 
when  collected,  the  county  treasurer  shall  pay  the  same  to  the 
treasurers  of  the  school  districts  maintaining  high  schools  ac- 
cording to  the  provisions  of  this  act,  as  required  by  law,  but  no 
part  of  said  general  high-school  fund  shall  ever  be  used  for 
other  than  high-school  purposes.130  (Laws  1905,  ch.  397, 
sec.  3.) 

SEC.  442.  Apportionment  of  Funds.  [7795]  The  county 
treasurer  shall  pay  to  the  treasurers  of  said  school  districts  a 
pro  rata  part  of  the  said  general  high-school  fund  apportioned 
to  the  several  school  districts  according  to  the  estimated  cost  of 
maintaining  the  high  schools  of  the  ensuing  year,  but  no  ap- 
portionment shall  be  made  to  any  school  district  after  it  has 
discontinued  its  high  school.  (Laws  1908,  ch.  69,  sec.  1.) 

SEC.  443.  Levy,  Joint  Districts.  That  whenever  any  high 
school  maintained  in  a  joint  school  district  receives  a  contribu- 
tion out  of  the  county  treasury  under  the  Barnes  high-school 
act,  being  chapter  397  of  the  Session  Laws  of  1905  and  amend- 
ments thereto,  and  when  the  provisions  of  the  said  Barnes 
high-school  act  do  not  prevail  in  the  other  county  of  which  the 
said  joint  high-school  district  is  a  part,  it  shall  be  the  duty  of 
the  county  superintendent  of  the  county  in  which  the  Barnes 
high-school  act  does  not  prevail  to  make  an  equitable  estimate 
of  the  contribution  which  should  be  made  by  the  school-district 

130.  The  high-school  fund  levied  under  this  act  can  not  be  used  for  the 
repair  or  erection  of  school  buildings,  except  as  provided  in  section  437. 


CH.  13]  BARNES   HIGH   SCHOOLS.  151 

territory  of  the  said  joint  school  district  lying  in  his  county  to- 
ward the  support  of  the  said  joint  high-school  district,  and 
certify  to  the  county  clerk  a  levy  sufficient  to  meet  said  esti- 
mate, and  it  shall  be  the  duty  of  the  county  clerk  to  make  such 
levy  in  addition  to  the  other  school  taxes  imposed  upon  that 
part  of  said  joint  school  district  lying  in  his  county.  (Laws 
1911,  ch.  272,  sec.  1.) 

SEC.  444.  Report  of  Principal.  [7796]  It  shall  be  the  duty 
of  the  principal  of  each  such  high  school,  at  the  expiration  of 
the  school  year,  to  make  a  report,  under  oath,  to  the  county 
superintendent,  showing  the  total  enrollment  and  the  daily 
attendance  of  each  pupil,  and  the  average  daily  attendance  in 
high  school  for  that  year,  and  to  furnish  such  other  reports 
as  the  county  superintendent  may  require,  and  his  last  month's 
salary  shall  not  be  due  until  such  reports  shall  have  been  duly 
made.  (Laws  1905,  ch.  397,  sec.  5.) 

SEC.  445.  County  Superintendent  Shall  Certify  to  County 
Clerk.  [7797]  It  shall  be  the  duty  of  the  county  superintend- 
ent to  certify  to  the  county  clerk  and  to  the  county  treasurer, 
on  or  before  the  25th  day  of  July  of  each  year,  the  average 
daily  attendance  in  the  several  high  schools  of  the  county 
complying  with  the  provisions  of  this  act  for  the  year  ending 
on  the  30th  day  of  June  preceding,  and  to  certify  to  the  board 
of  county  commissioners  the  amount  necessary  for  the  main- 
tenance of  such  high  schools  the  ensuing  year,  and  the  county 
commissioners  shall  make  such  levy  (not  to  exceed  three 
mills131  on  the  dollar  of  the  assessed  valuation  of  the  taxable 
property  within  such  county)  as  may  be  necessary  to  produce 
such  amount;  and  in  case  the  county  commissioners  shall  fail 
to  make  such  levy,  then  the  county  superintendent  shall  make 
a  suitable  levy,  and  certify  the  same  to  the  county  clerk  of 
such  county,  who  shall  enter  upon  the  tax-rolls  the  levy  so  made 
by  the  county  superintendent.  (Laws  1907,  ch.  333,  sec.  1.) 

SEC.  446.  Tuition  Free.  [7798]  Tuition  shall  be  free  in 
all  such  high  schools  to  pupils  residing  in  the  county  where 
such  schools  are  located.  (Laws  1905,  ch.  397,  sec.  7.) 

SEC.  447.  Courses  of  Study.  [7799]  At  least  two  courses 
of  instruction  shall  be  provided,  each  requiring  four  years' 
work,132  namely,  a  college  preparatory  course,  which  shall  fully 
prepare  those  who  complete  it  to  enter  the  freshman  class  of 
the  college  of  liberal  arts  and  sciences  of  the  University  of 
Kansas,  and  a  general  course,  designed  for  those  who  do  not 
intend  to  continue  school  work  beyond  the  high  school.  (Laws 
1905,  ch.  397,  sec.  8.) 

131.  Limited  to  five-tenths  or  three-fourths  of  one  mill  by  Laws  of 
1909,  ch.  245,  sec.  15,  and  Laws  1915,  ch.  317,  sec.  2.     (Sections  438  and 
439  of  this  book.) 

132.  Two  courses  of  four  years  each  must  be  maintained.    The  college 
preparatory  course  must  be  approved  by  the  State  Board  of  Education. 


152  BARNES   HIGH    SCHOOLS.  [CH.  13 

SEC.  448.  Some  Cities  and  Counties  Exempt.  [7800] 
Cities  having  more  than  16,000  inhabitants  and  counties  hav- 
ing heretofore  established  county  high  schools  or  which  may 
hereafter  establish  county  high  schools  under  the  laws  now  in 
force  shall  be  exempt  from  the  operation  of  this  act.  (Laws 
1905,  ch.  397,  sec.  9.) 

SEC.  449.  When  in  Force.  [7801]  This  act  shall  not  be  in 
force  in  any  county  until  its  provisions  are  adopted  therein  by 
a  majority  of  the  electors  voting  on  said  proposition.  At  the 
next  general  election  after  the  passage  of  this  amendment,  the 
following  proposition  shall  be  submitted  in  each  county,  or 
part  of  county,  in  the  state  to  which  this  law  may  apply, 
namely :  "May  the  provisions  of  the  high-school  act  of  1905,  as 
amended  by  the  Laws  of  1907  and  1908,  apply  in  this  county?" 
The  election  shall  be  conducted  and  such  proposition  shall  be 
voted  on  and  the  votes  then  canvassed  and  returns  made  in  all 
respects  as  provided  by  law.  Whenever  a  majority  of  the 
voters  voting  on  this  proposition  in  any  county,  or  part  of  any 
county,  to  which  this  law  may  apply,  at  such  election  shall  be 
in  favor  of  such  proposition,  the  provisions  of  this  act  shall 
apply  in  such  county  from  the  time  such  result  is  ascertained. 
If  the  proposition  fails  to  carry  at  the  next  general  election,  it 
may  be  submitted  in  each  county,  or  part  of  county,  in  this 
state  to  which  this  law  shall  apply,  upon  petition  to  the  board 
of  county  commissioners,  signed  by  twenty-five  per  cent  of  the 
taxpayers  of  such  county,  or  part  of  county,  at  any  general 
election  hereafter;  provided,  that  this  law  shall  not  be  sub- 
mitted at  the  general  election  in  1908  in  counties  which  have 
already  adopted  the  provisions  of  the  act  to  which  this  act  is 
amendatory.  (Laws  1908,  ch.  69,  sec.  2.) 

SEC.  450.     "Barnes"  Law  in  Effect  in  Certain  Counties. 

[7809]  That  in  all  counties  of  this  state  in  which  high  schools 
have  been  established  and  maintained  for  one  year,  and  which 
said  high  schools  have  been  established  and  maintained  under 
the  provisions  of  chapter  397  of  the  Laws  of  1905,  as  amended 
by  chapter  333  of  the  Laws  of  1907  and  chapter  69  of  the  Laws 
of  1908,  by  a  majority  of  all  the  votes  cast  on  said  proposition, 
said  chapter  397  of  the  Laws  of  1905,  as  amended  by  chapter 
333  of  the  Laws  of  1907  and  by  chapter  69  of  the  Laws  of  1908, 
shall  be  in  full  force  and  effect  from  and  after  the  publication 
of  this  act  in  all  such  counties  without  again  submitting  the 
question  to  a  vote  of  the  electors ;  provided,  however,  this  act 
shall  not  apply  to  counties  where  the  proposition  was  resub- 
mitted  under  chapter  69  of  the  Session  Laws  of  1908  and  re- 
jected. (Laws  1909,  ch,  219,  sec.  1.) 

SEC.  451.  County  Treasurer  to  Pay  Taxes  Collected.  [7807] 
It  shall  be  the  duty  of  the  county  treasurer  of  every  county  in 
the  state  of  Kansas  to  promptly  pay  over  and  distribute  on 
demand  all  moneys  now  in  his  hands,  or  which  may  hereafter 


schools. 

454.  Petition;    election. 

455.  Territory  containing  town  or  city. 

456.  Canvass    of    vote;    election    of    high- 

school  board. 

457.  Annual   school  meeting;    tax  levy. 

458.  Powers  of  board. 


CH.  13]  TOWNSHIP   HIGH   SCHOOLS.  153 

come  into  his  hands  by  reason  of  any  tax  levy  made  by  any 
county,  city,  township  or  school  district,  to  the  treasurer  of  the 
city,  township  or  school  district,  for  the  use  and  benefit  of 
which  it  was  collected,  under  the  provisions  of  chapter  397  of 
the  Laws  of  1905,  as  amended  by  chapter  333  of  the  Laws  of 
1907  and  by  chapter  69  of  the  Laws  of  1908.  (Laws  1909,  ch. 
215,  sec.  1.) 

SEC.   452.     Penalty,   County   Treasurer  Not  Paying  Over 

Money.  [7808]  Any  county  treasurer  who  shall  violate  the 
provisions  of  this  act  shall,  upon  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  five  hundred  dollars.  (Laws  1909, 
ch.  215,  sec.  2.) 

ARTICLE  VII.— Rural  High-school  Districts— Township   High   Schools. 

§453.  Authority    to     establish    rural    high        §459.  District  in  two  or  more   counties. 

460.  Governed  by  law  for  school  districts. 

461.  Course  of  study. 

462.  Admission   of  pupils. 

463.  Attachment   of    adjacent   territory. 

464.  Every    township    high-school    district 

a  body  corporate. 

465.  Condemnation  of  site. 

SECTION  453.    Authority  to  Establish  Rural  High  Schools. 

The  legal  electors  residing  in  territory  containing  not  less  than 
sixteen  square  miles  and  comprising  one  or  more  townships  or 
parts  thereof  shall  have  authority  to  form  a  rural  high  school 
district  and  to  establish,  locate  and  maintain  therein  a  rural 
high  school  as  hereinafter  provided.  (Laws  1915,  ch.  311, 
sec.  1.) 

SEC.  454.  Petition;  Election.  Whenever  a  petition,  signed 
by  two-fifths  of  the  legal  electors  residing  in  the  territory  of 
the  proposed  rural  high  school  district,  to  be  determined  by  an 
enumeration  taken  for  this  purpose,  shall  be  presented  to  the 
board  of  county  commissioners  of  the  county  in  which  lies  the 
greatest  portion  of  territory  comprising  said  district,  reciting 
the  boundaries  of  said  proposed  district  and  requesting  said 
board  of  county  commissioners  to  call  a  special  election  to  vote 
on  establishing  and  locating  a  rural  high  school  and  to  vote 
bonds  for  the  construction  of  a  high  school  building,  the  pro- 
posed location  and  the  amount  of  the  bonds  proposed  to  be 
stated  in  the  petition,  it  shall  be  the  duty  of  the  board  of  county 
commissioners  forthwith  to  call  a  special  election  in  said  pro- 
posed district  to  vote  on  establishing  and  locating  a  rural  high 
school  and  to  vote  bonds  therefor.  All  elections  held  under  the 
provisions  of  this  act  shall  be  governed  by  the  general  election 
laws  of  the  state  when  not  contrary  to  this  act.  Notice  of  all 
such  elections  shall  be  given  at  least  twenty-one  days  prior  to 
the  date  of  such  election  by  posting  printed  or  typewritten  no- 
tices on  the  door  of  each  school  house  in  the  proposed  district 
and  by  publishing  the  same  twice  in  some  newspaper  published 
in  each  county  in  which  the  proposed  district  or  any  part  of 


154  TOWNSHIP   HIGH   SCHOOLS.  [CH.  18 

the  proposed  district  lies,  and  such  elections  shall  not  be  called 
oftener  than  once  in  every  two  years  unless  by  the  petition  of 
more  than  one-half  the  legal  voters  of  said  district  presented 
to  the  proper  county  commissioners.  (Laws  1915,  ch.  311, 
sec.  2.) 

SEC.  455.  Territory  Containing  Town  or  City.  If  the  terri- 
tory comprising  the  proposed  high  school  district  shall  contain 
any  incorporated  town  or  city  with  a  population  of  more  than 
300,  the  election  provided  for  in  section  2  of  this  act  shall  not 
be  called  unless  petitions  shall  be  presented  to  the  county  com- 
missioners signed  by  two-fifths  of  the  legal  electors  residing  in 
said  town  or  city  and  by  two-fifths  of  the  legal  electors  residing 
in  the  territory  of.  the  proposed  high  school  district  outside  of 
said  town  or  city;  and  when  such  petitions  shall  be  presented, 
the  county  commissioners  shall  call  an  election  as  provided  in 
section  2  of  this  act,  and  the  vote  in  said  town  or  city  and  in 
the  territory  outside  of  said  town  or  city  shall  be  taken  and 
counted  separately;  and  a  high  school  district  shall  not  be 
formed  in  territory  containing  any  incorporated  town  or  city 
with  a  population  of  more  than  300,  unless  the  proposition  t® 
form  such  a  high  school  district  and  to  establish  a  high  school 
therein  shall  be  favored  by  a  majority  of  those  voting  in  said 
town  or  city  and  by  a  majority  of  those  voting  in  the  territory 
of  the  proposed  high  school  district  outside  of  said  town  or 
city.  (Laws  1915,  ch.  311,  sec.  3.) 

SEC.  456.    Canvass  of  Vote;  Election  of  High-school  Board. 

On  the  Friday  following  the  election  held  as  provided  in  sec- 
tions 2  and  3  of  this  act  the  board  of  county  commissioners 
shall  canvass  the  vote  and  shall  report  the  same  to  the  county 
superintendent  of  public  instruction.  Upon  receiving  notice 
that  a  proposition  to  establish  a  rural  high  school  has  been 
adopted  by  a  majority  of  those  voting  in  an  election  held  as 
provided  in  sections  2  and  3  of  this  act,  the  county  superin- 
tendent of  public  instruction  shall  call  a  special  meeting,  notice 
of  which  shall  be  given  as  provided  in  section  2,  to  elect  a 
rural  high  school  board  which  shall  consist  of  a  director,  clerk, 
and  treasurer ;  and  the  persons  elected  shall  serve  respectively 
until  the  expiration  of  the  terms  of  director,  clerk,  and  treas- 
urer of  school  districts,  and  thereafter  rural  high  school  officers 
shall  serve  for  a  term  of  three  years  and  until  their  successors 
are  elected  and  qualified.  (Laws  1915,  ch.  311,  sec.  4.) 

SEC.  457.  Annual  School  Meeting;  Tax  Levy.  The  annual 
school  meeting  for  the  election  of  officers  shall  be  held  at  two 
o'clock  p.  m.  on  the  day  preceding  the  date  of  the  annual  meet- 
ing of  school  districts.133  The  high  school  board  of  each  high 
school  district  shall  meet  annually  on  the  third  Monday  in 

133.  The  annual  meeting  of  school  districts  is  held  on  the  second  Fri- 
day in  April.  (See  section  280  of  this  book.) 


OH.  13]  TOWNSHIP   HIGH   SCHOOLS.  155 

April  at  two  p.  m.  at  the  high  school  building  or  at  such  other 
place  as  they  may  agree  upon  and  shall  make  the  necessary 
levy  for  taxes  not  to  exceed  four  mills  on  the  dollar  of  valua- 
tion on  all  taxable  property  in  the  rural  high  school  district, 
to  pay  teachers  to  create  a  certain  fund  to  retire  any  indebted- 
ness, and  pay  interest  on  the  same,  and  the  incidental  expenses 
of  said  high  school.  The  clerk  of  said  district  shall  certify 
the  levy  to  the  county  clerk,  who  shall  extend  the  amount  on 
the  tax  roll  and  the  county  treasurer  shall  collect  and  pay 
over  such  taxes  in  the  manner  provided  by  law  for  school 
districts.  (Laws  1915,  ch.  311,  sec.  5.) 

SEC.  458.  Powers  of  Board;  Site.  The  rural  high  school 
board  shall  have  the  care  and  control  of  all  property  belong- 
ing to  the  high  school  district  and,  except  as  herein  provided, 
shall  have  the  powers  prescribed  by  law  for  school  district 
boards.  The  rural  high  school  board  is  hereby  authorized  to 
secure  a  site,  selected  as  provided  in  section  2  of  this  act,  either 
by  donation  or  purchase;  or  such  site  may  be  condemned  in 
the  manner  provided  in  chapter  86,  Session  Laws  of  1909,  for 
the  condemnation  of  property  for  school  sites  in  cities  and 
school  districts.  (Laws  1915,  ch.  311,  sec.  6.) 

SEC.  459.  District  in  Two  or  More  Counties.  In  case  any 
rural  high  school  district  shall  lie  partly  in  two  or  more  coun- 
ties, the  clerk  of  said  high  school  district  shall  certify  the  tax 
levy  to  the  county  clerk  of  each  county  in  which  any  part  of 
said  high  school  district  lies,  and  said  county  clerk  shall  place 
the  same  on  the  tax  roll  and  the  county  treasurer  of  each  of 
said  counties  shall  collect  and  pay  over  such  taxes  to  the  treas- 
urer of  the  high  school  district  as  provided  in  section  5 ;  and 
such  rural  high  school  district  shall  be  under  the  supervision 
and  control  of  the  county  superintendent  of  that  one  of  the 
counties  in  which  at  any  time  lies  the  greatest  portion  of  the 
territory  comprising  said  district.  (Laws  1915,  ch.  311,  sec.  7.) 

SEC.  460.     Governed  by  Law  for  School  Districts.     The 

county  superintendents  of  public  instruction  shall  have  the 
same  general  supervision  over  rural  high  schools  as  they  have 
by  law  over  district  schools,  and  rural  high  school  districts 
shall  be  governed  as  provided  by  law  for  school  districts  ex- 
cept as  provided  in  this  act.  (Laws  1915,  ch.  311,  sec.  8.) 

SEC.  461.  Course  of  Study.  The  rural  high  schools  herein 
provided  for  shall  follow  the  course  of  study  prescribed  by  the 
rural  high  school  board,  with  such  modifications  authorized 
by  the  State  Board  of  Education  as  may  be  necessary  to  pro- 
mote the  usefulness  and  efficiency  of  such  schools.  (Laws  1915, 
ch.  311,  sec.  9.) 

SEC.  462.  Admission  of  Pupils.  Any  pupil  residing  in  the 
high  school  district  who  has  completed  the  course  of.  study  pro- 
vided for  district  schools  by  the  State  Board  of  Education,  and 


156  TOWNSHIP   HIGH    SCHOOLS.  [CH.  13 

who  can  present  a  certificate  thereof  signed  by  the  county 
superintendent  of  public  instruction,  shall  be  eligible  to  ad- 
mission to  the  rural  high  school ;  and  if  provision  shall  be  made 
by  the  rural  high  school  board,  with  the  approval  of  the  county 
superintendent  of  public  instruction,  for  teaching  any  branches 
belonging  to  the  course  of  study  for  elementary  district  schools, 
such  pupils  as  may  be  recommended  by  the  county  superintend- 
ent may  be  admitted  and  taught  in  rural  high  schools;  pro- 
vided, that  pupils  sixteen  years  of  age  or  over  may  be  admitted 
to  such  rural  high  schools  by  action  of  the  rural  high  school 
board  and  may  be  assigned  to  such  classes  as  the  principal  may 
determine.  Tuition  in  a  rural  high  school  shall  be  free  to  all 
pupils  residing  in  such  high  school  district  and  non-resident 
pupils  qualified  as  herein  provided  may  be  admitted,  but  not 
to  the  exclusion  of  any  resident  pupil,  on  the  payment  of  a 
tuition  fee  fixed  by  the  high  school  board.  (Laws  1915,  ch. 
311,  sec.  10.) 

SEC.  463.  Attachment  of  Adjacent  Territory.  Territory 
outside  the  limits  of  any  rural  high  school  district,  but  adjacent 
thereto,  may  be  attached  to  such  high  school  district  for  high 
school  purposes,  upon  application  being  made  to  the  rural  high 
school  board  by  a  majority  of  the  electors  of  such  adjacent 
territory,  and  upon  the  approval  of  said  rural  high  school  board 
and  the  consent  of  the  county  superintendent  of  public  instruc- 
tion. The  county  superintendent  shall  make  a  record  of  such 
attachment  of  territory  and  shall  publish  a  notice  of  the  same, 
and  thereafter  such  attached  territory  shall  be  and  compose  a 
part  of  such  rural  high  school  district  for  such  rural  high 
school  purposes  only,  and  the  taxable  property  of  such  adjacent 
territory  shall  be  subject  to  taxation  and  shall  bear  its  full 
proportion  of  all  expenses  incurred  in  maintaining  said  rural 
high  school.  (Laws  1915,  ch.  311,  sec.  11.) 

SEC.  464.  Every  Township  High  School  District  a  Body 
Corporate.  Every  school  district  organized  in  pursuance  of 
the  provisions  of  chapter  262  of  the  Session  Laws  of  Kansas, 
1911,  as  amended  by  chapter  278  of  the  Session  Laws  of  Kan- 
sas, 1913,  shall  be  a  body  corporate  and  shall  possess  the  usual 
powers  of  a- corporation  for  public  purposes,  by  the  name  and 

style  of  School  District  No. (such  number  as  may  be 

designated  by  the  county  superintendent), county 

(the  name  of  the  county  in  which  the  district  is  situated), 
state  of  Kansas,  and  in  that  name  may  sue  and  be  sued,  and 
be  capable  of  contracting  and  being  contracted  with,  and  hold- 
ing such  real  and  personal  estate  as  it  may  come  into  possession 
of  by  will  or  otherwise,  or  as  is  authorized  to  be  purchased  by 
the  provisions  of  this  act.  (Laws  1915,  ch.  312,  sec.  1.) 

SEC.  465.  Condemnation  of  Site.  In  case  any  township  high 
school  district  which  may  have  been  heretofore  organized,  or 
which  may  hereafter  be  organized  under  the  provisions  of 


CH.  13]  TOWNSHIP   HIGH   SCHOOLS.  157 

chapter  262  of  the  Session  Laws  of  Kansas  of  1911,  as  amended 
by  chapter  278  of  the  Session  Laws  of  Kansas  of  1913,  to  which 
this  act  is  supplementary,  can  not  by  purchase  at  reasonable 
rates,  or  by  donation,  or  otherwise,  obtain  title  to  the  site  se- 
lected by  such  township  school  district ;  or  if  it  be  deemed  ad- 
visable by  such  school  district,  or  by  the  district  board, 
to  add  other  ground  to  any  school  district  site  already  selected, 
or  if  in  good  faith,  but  by  mistake  or  otherwise,  a  school  house 
has  been  or  shall  be  erected,  wholly  or  partially,  upon  any  land 
or  lot  to  which  said  school  district  at  the  time  of  the  erection 
of  such  school  building,  or  any  addition  thereto,  had  not  ac- 
quired title,  then  and  in  any  such  cases,  upon  the  written  ap- 
plication of  the  district  board  of  such  township  high  school 
district,  or  a  majority  of  the  board  it  shall  be  the  duty  of  the 
probate  judge  in  the  county  in  which  the  school  district  is 
situated  to  appoint  three  disinterested  free-holders  of  such 
county,  but  not  residents  of  such  district,  to  condemn  and  ap- 
praise such  site,  or  addition  thereto ;  and  in  case  such  land  or 
lot  so  condemned  and  appraised  shall  be  an  original  selection 
for  a  school  house  site,  the  amount  so  condemned  and  appraised 
shall  not  exceed  five  acres ;  and  if  it  be  for  an  addition  to  an 
existing  site,  the  additional  amount  condemned  and  appraised 
shall  not  with  the  original  site  exceed  five  acres. 

Immediately  after  their  appointment,  such  appraisers  shall 
proceed  to  condemn  and  appraise  and  value  the  site  so  selected, 
or  the  addition  to  such  existing  site ;  and  they  shall  within  ten 
days  thereafter,  make  and  sign  a  report  describing  the  land 
so  condemned,  the  price  for  which  it  was  so  condemned  and 
the  appraised  value  thereof,  which  report  shall  be  by  them  filed 
in  the  office  of  the  register  of  deeds  of  the  county  in  which  such 
land  or  lot  is  situated,  and  by  such  register  duly  recorded  as 
other  instruments  of  writing  affecting  the  title  of  real  estate 
are  recorded. 

In  appraising  any  school  house  site,  or  addition  thereto,  to 
which  such  school  district  had  not  title  at  the  time  of  erecting 
any  school  house,  or  addition  thereto  thereon,  such  appraisers 
shall  exclude  from  their  appraisement  the  value  of  such  school 
house,  or  addition,  and  appraise  such  land  or  lot  at  its  value, 
exclusive  of  such  building,  addition  or  other  improvements 
placed  thereon  in  good  faith,  but  by  mistake  of  such  school 
district  or  such  school  district  board.  Within  thirty  days  after 
the  report  of  said  appraisers  is  filed  in  the  office  of  the  register 
of  deeds,  the  district  board,  of  such  school  district  shall  pay  to 
the  county  treasurer  of  the  county  in  which  such  condemned 
land  or  lot  is  situated,  for  the  use  of  the  owner  of  such  lands  or 
lot,  the  amount  of  the  appraised  value  thereof,  and  also  fifty 
cents  for  said  register  of  deeds  for  recording  said  report.  And 
upon  said  payment  being  made  to  such  county  treasurer  by 
such  district  board,  the  title  to  such  site  or  addition  thereto 
shall  vest  in  such  township  high  school  district. 


158  HIGH    SCHOOL   FRATERNITIES.  [CH.  13 

Either  party,  the  owner  of  the  land  or  lot  condemned,  or  the 
school  district,  may  appeal  from  such  appraisement  to  the 
district  court,  in  the  same  time  and  manner  that  appeals  are 
taken  from  the  judgments  of  justices  of  the  peace  in  civil 
actions.  (Laws  1915,  ch.  312,  sec.  2.) 

ARTICLE  VIII.— High-school  Fraternities. 

§466.    Membership  unlawful.  |     §467.    Penalty. 

SECTION  466.  Membership  Unlawful.  [7752]  It  shall  be 
unlawful  for  the  pupils  of  any  high  schools  to  participate  in 
or  be  members  of  any  secret  fraternity  or  secret  organization 
whatsoever  that  is  in  any  degree  a  school  organization.  (Laws 
1907,  ch.  320,  sec.  1.) 

SEC.  467.  Penalty.  [7753]  Any  board  of  education  or 
board  of  trustees  of  county  high  schools  are  hereby  authorized 
and  empowered  to  deny  to  any  student  regularly  enrolled  in 
such  high  school,  who  shall  violate  section  1  of  this  act,  any  or 
all  of  the  privileges  of  such  high  school  or  to  expel  such  student 
for  failure  or  refusal  to  comply  with  the  requirements  of  this 
act.  (Laws  1907,  ch.  320,  sec.  2.) 


CH.  14] 


INDUSTRIAL  EDUCATION. 


159 


CHAPTER  XIV.— Industrial  Education. 


§471.  Report  to  state  superintendent. 

472.  State  aid. 

473.  Appropriation    for. 


§468.  Tax  for  industrial  training. 

469.  Boards   provide    schoolrooms. 

470.  State    Board    prescribes    course    and 

standard. 

SECTION  468.  Tax  for  Industrial  Training.  [7839]  The 
board  of  education  of  each  city  of  the  first  class  and  second 
class,  and  the  annual  school  meeting  of  any  school  district, 
may,  in  addition  to  the  other  levies,  levy  a  tax  not  to  exceed 
one-half  mill134  upon  the  dollar  of  assessed  valuation  in  cities 
of  the  first  and  second  class,  and  not  to  exceed  one  mill135  on  the 
dollar  of  the  assessed  valuation  in  all  other  cities  and  school 
districts,  for  the  equipment  and  maintenance  of  industrial- 
training  schools  or  industrial-training  departments  of  the  pub- 
lic schools.  The  sum  raised  by  such  levies  shall  be  expended 
for  the  purpose  named  in  this  act  and  no  other.  (Laws  1903, 
ch.  20,  sec.  1.) 

SEC.  469.  Boards  May  Provide  Schoolrooms.  [7840]  Said 
board  of  education  and  district  board,  upon  such  levy  being 
made,  may  provide  for  a  separate  school  or  a  separate  depart- 
ment in  some  existing  school,  and  may  employ  such  teachers 
as  they  think  are  competent  to  give  instruction  in  industrial 
training,  as  required  by  their  course  of  study ;  and  it  shall  be 
the  duty  of  such  board  to  provide,  from  the  funds  received 
under  the  provisions  of  this  act,  the  necessary  books,  ap- 
pliances and  room  for  such  instruction,  and  it  shall  be  the  duty 
of  such  board  to  prescribe  a  course  of  study  to  meet  the  special 
needs  of  the  district  or  city,  which  course  of  study  must  be 
approved  by  the  State  Board  of  Education.  (Laws  1903,  ch. 
20,  sec.  2.) 

SEC.  470.     State  Board  Prescribes  Course  and  Standard. 

[7841]  The  State  Board  of  Education  shall  establish  a  stand- 
ard for  teachers  of  industrial  training,  and  shall  grant  special 
certificates  to  those  who  are  fully  qualified  to  give  instruction 
therein ;  and  they  shall  prescribe  the  course  of  study  in  indus- 
trial training  to  be  used  in  the  state.  (Laws  1903,  ch.  20, 
sec.  3.) 

SEC.  471.  Report  to  State  Superintendent.  [7842]  On  the 
1st  day  of  July  in  each  year,  the  clerk  of  each  school  board  or 
district  maintaining  a  school  or  department  for  industrial 
training  as  aforesaid,  and  desiring  state  aid,  shall  make  a  re- 

134.  Limited  to  one-eighth  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  517  of  this  book). 

135.  Limited  to  one-quarter  of  a  mill  by  Laws  1909,  ch.  245,  sec.  25 
(section  517  of  this  book). 


160  INDUSTRIAL  EDUCATION.  [CH.  14 

port,  duly  certified,  to  the  state  superintendent  of  public  in- 
struction, in  such  form  as  may  be  required,  setting  forth  the 
facts  relating  to  the  cost  of  maintaining  such  school  or  de- 
partment for  industrial  training,  the  character  of  the  work 
done,  the  number  and  names  of  the  teachers  employed  in  such 
work,  and  the  length  of  time  such  school  or  department  was 
maintained  during  the  preceding  year.  Upon  receipt  of  such 
report,  the  state  superintendent,  when  satisfied  therefrom,  and 
from  such  other  investigation  as  he  may  deem  advisable,  that 
such  school  or  department  for  industrial  training  has  been  es- 
tablished and  maintained  for  a  period  of  six  months  in  the 
year  immediately  preceding,  and  has  been  taught  by  a  special 
teacher  or  teachers  having  the  qualifications  mentioned  in  sec- 
tions 3  and  4  of  this  act,136  shall  make  a  certificate  to  that 
effect,  showing  also  the  amount  of  money  expended  by  such 
school  district  in  the  twelve  months  immediately  preceding 
the  1st  day  of  July  of  each  year  in  maintaining  such  school  or 
department  for  industrial  training,  and  submit  such  certifi- 
cate to  the  state  auditor.  (Laws  1903,  ch.  20,  sec.  4.) 

SEC.  472.  State  Aid.137  [7842]  Upon  receiving  such  cer- 
tificate mentioned  in  section  4137  of  this  act,  the  state  auditor 
shall  draw  his  warrant  upon  the  state  treasurer,  payable  to 
the  treasurer  of  the  school  district  or  board  of  education  main- 
taining said  school  or  department,  for  a  sum  of  money  equal 
to  that  contributed  by  such  school  district  for  such  purpose, 
but  not  exceeding  the  sum  of  $250;  and  provided,  that  the 
total  sum  of  money  contributed  by  the  state  as  aforesaid  for 
such  purposes  shall  not  exceed  the  sum  of  $10,000  in  any  one 
year.  (Laws  1903,  ch.  20,  sec.  5.) 

SEC.  473.  Appropriation.138  [7844]  For  carrying  out  the 
provisions,  of  this  act,  the  sum  of  $20,000,  or  so  much  as  may 
be  necessary,  is  hereby  appropriated  out  of  the  state  treasury 
out  of  any  money  not  otherwise  appropriated.  (Laws  1903, 
ch.  20,  sec.  6.) 

136.  Sections  470  and  471  of  this  book. 

137.  State  aid  will  not  be  available  hereafter  unless  succeeding  legis- 
latures make  appropriations  for  this  purpose. 

138.  No  appropriation  was  made  for  1915  or  1916. 


CH.  15] 


INDUSTRIAL-SCHOOL   PUPILS. 


161 


CHAPTER  XV.— Industrial-school  Pupils.139 


§474.  County  superintendent  shall  visit  in- 
dentured pupils. 
475.  Pupils  not  properly  provided  for. 


§476.  County  superintendent  to  seek  out 
persons  willing  to  receive  in- 
dentured pupils. 


SECTION  474.  County  Superintendent  Shall  Visit  Indentured 
Pupils.  [8686]  The  superintendents  of  public  instruction  in 
the  several  counties  of  the  state  are  hereby  designated  as  visit- 
ing agents,  to  have  local  supervision  over  indentured  pupils  of 
the  Reform140  School.  It  shall  be  the  duty  of  each  visiting 
agent  to  visit  as  often  as  twice  each  year  all  pupils  of  the  Re- 
form School140  who  may  have  .been  indentured  to  persons  resid- 
ing within  his  county.  He  shall  inquire  into  the  condition  of 
such  pupils,  and  make  such  other  investigations  in  relation 
thereto  as  the  board  of  trustees  may  prescribe ;  and  for  the 
purpose  aforesaid,  said  agents  may  have  private  interviews 
with  such  pupils  at  any  time,  and  shall  have  power  to  adminis- 
ter oaths.  (Laws  1881,  ch.  129,  sec.  13.) 

SEC.  475.  Pupils  Not  Properly  Provided  for.  [8687]  When 
any  visiting  agent  is  of  the  opinion  that  an  indentured  pupil 
is  not  properly  provided  for,  and  can  not  be  so  held  to  his  fur- 
ther advantage,  he  shall  report  the  fact  to  the  board  of  trus- 
tees; and  no  pupil  shall  be  indentured  to  any  person  until 
notice  of  an  application  therefor  has  been  given  to  said  agent, 
and  his  report  in  writing,  made  after  investigation  into  the 
propriety  thereof,  is  filed  with  the  institution.  (Laws  1881, 
ch.  129,  sec.  14.) 

SEC.  476.    Seek  Out  Persons  to  Receive  Indentured  Pupils. 

[8688]  Said  agent  shall  seek  out  suitable  persons  who  are 
willing  to  receive  pupils  from  the  Reform  School140  under  arti- 
cles of  indenture,  and  give  notice  thereof  to  the  president  of  the 
board  of  trustees,  which  notice  shall  contain  the  agent's  recom- 
mendation of  the  applicant  as  a  proper  person  to  receive  and 
have  the  care  of  any  such  pupil.  (Laws  1881,  ch.  129,  sec.  15.) 

139.  The  requirements  of  this  chapter  are  probably  modified  by  the 
provisions  of  chapter  475,  Laws  of  1905,  entitled  "Board  of  Control  of 
State  Charitable  Institutions." 

140.  Refers  to  Industrial  School  for  Boys  and  the  Industrial  School 
for  Girls. 


—11 


162 


JUVENILE  COURT. 


[CH.  16 


CHAPTER  XVL— Juvenile  Court. 


§477.  Probate  judge;   jurisdiction;   author- 
ity;  fees. 

478.  Over    whom   the   juvenile    court    has 

jurisdiction. 

479.  Probation  officer;  appointed;  duties; 

truant   officer. 

480.  Who  may  make  the  complaint. 

481.  Summoning  custodian  of  child. 

482.  Custody  of  child;  continuance  of  the 

hearing. 

483.  Care  of  dependent  or  neglected  child. 

484.  The   child   as   the  ward  of   an   asso- 

ciation or  individual. 

485.  The   child   committed  to   the   care   of 

a  probation  officer. 

486.  The  court  may  revoke  the  custody. 

487.  Child  under  sixteen  not  to  be  taken 

before  courts  other  than  juvenile 
courts. 

488.  Appeals  to   district   court. 

489.  Assistance    of    city    and    county    at- 

torneys,  and  other  officials. 

490.  Discretion    of    juvenile    court    as    to 

penalties    of    state   laws    and    city 
ordinances. 

491.  Care    and    custody    of    child    to    be 

parental. 

492.  Parents   responsible   for   delinquency 

of  children;  penalty. 

493.  Suspension    of    sentences;     release; 

bond. 


§494.  Custody   of   child   during   suspension 
of  sentence. 

495.  Forfeiture  of  bond  and  term  of  pro- 

bation. 

496.  Judgment    in    case    of    forfeiture    of 

bond. 

497.  Acts  not  repealed. 

498.  Detention  home;   juvenile  farm. 

499.  Government  of  detention  home. 

500.  Record  of  inmates  of  detention  home. 

501.  Tax    levied    for    detention    home    or 

juvenile   farm;    salary   of   matron 
or  superintendent. 

502.  Annual   report   of   judge   of   juvenile 

court. 

503.  Jurisdiction  after  the  age  of  sixteen. 

504.  Compensation    in    counties    having   a 

population  of  over  25,000. 

505.  Jurisdiction. 

506.  Police  and  sheriff  entitled  to  witness 

fees. 

507.  Blanks. 

508.  Procedure   in   juvenile   court. 

509.  Appeal. 

510.  Parental    home    in    certain    counties. 

511.  Inmates. 

512.  Tax  for  buildings  and  support. 

513.  Managers;   advisory  board. 

514.  Supervision. 

515.  Salaries;   expenses. 


SECTION  477.    Probate  Judge;  Jurisdiction;  Authority;  Fees. 

[5099]  That  there  be  and  hereby  is  created  and  established 
in  each  county  of  the  state  a  court,  to  be  known  as  the  "juvenile 
court,"  whose  jurisdiction  shall  pertain  to  the  care  of  depend- 
ent, neglected  and  delinquent  children.  The  probate  judge  of 
each  county  shall  be  the  judge  of  the  juvenile  court  in  his 
county,  and  he  shall  be  furnished  by  the  board  of  county  com- 
missioners, at  the  expense  of  the  county,  with  such  dockets, 
records,  and  blanks,  upon  his  requisition,  as  may  be  necessary 
in  the  conduct  of  the  business  of  the  court.  Said  court  shall 
have  jurisdiction  of  all  cases  concerning  dependent,  neglected 
and  delinquent  children  in  their  respective  counties,  shall  be 
open  at  all  times  for  the  transaction  of  business,  and  may 
make  such  disposition  of  cases  as  is  hereinafter  provided. 
They  shall  have  authority  to  issue  subpoenas  for  witnesses,  and 
compel  their  attendance  by  attachment  as  for  contempt,  and  to 
issue  all  other  process  that  may  be  necessary  in  any  case,  the 
same  as  justices  of  the  peace  are  authorized  to  do  in  misde- 
meanors. All  writs  and  process  shall  be  served  by  the  proba- 
tion officer  of  the  court,  or,  in  his  absence,  by  some  person 
especially  deputized  for  that  purpose  by  the  court.  The  judge 
of  the  juvenile  court  shall  receive  as  compensation  for  his 
services  the  same  fees  as  are  allowed  the  probate  judge  for 
like  services,  and  said  fees  shall  be  in  addition  to  all  fees  or 
salary  received  by  him  as  judge  of  the  probate  court;  said  fees 


CH.  16]  JUVENILE  COURT.  163 

are  to  be  allowed  by  the  county  commissioners  and  paid  out 
of  the  county  treasury.  (Laws  1905,  ch.  190,  sec.  1.) 

SEC.  478.    Over  Whom  the  Juvenile  Court  Has  Jurisdiction. 

[5100]  This  act  shall  apply  only  to  children  under  the  age  of 
sixteen  years,  not  now  or  hereinafter  inmates  of  any  state  in- 
stitution or  any  industrial  school  for  boys  or  industrial  school 
for  girls  or  some  institution  incorporated  under  the  laws  of 
this  state;  provided,  that  when  jurisdiction  has  been  acquired 
under  the  provisions  hereof  over  the  person  of  a  child,  such 
jurisdiction  may  continue  for  the  purposes  of  this  act  until 
the  child  has  attained  its  majority.  For  the  purpose  of  this 
act,  the  words  "dependent  child"  and  "neglected  child"  shall 
mean  any  child  who  for  any  reason  is  destitute  or  homeless 
or  abandoned,  or  dependent  upon  the  public  for  support,  or 
has  not  proper  parental  care  or  guardianship,  and  has  idle 
and  immoral  habits,  or  who  habitually  begs  or  receives  alms, 
or  who  is  found  living  in  any  house  of  ill  fame  or  with  any 
vicious  or  disreputable  persons ;  or  whose  home,  by  reason  of 
neglect,  cruelty  or  depravity  on  the  part  of  its  parents,  guard- 
ian or  other  person  in  whose  care  it  may  be,  is  an  unfit  place 
for  such  a  child ;  or  any  child  under  the  age  of  ten  years  who 
is  found  begging,  peddling,  or  selling  any  article,  or  singing 
or  playing  any  musical  instrument  upon  the  street,  or  who 
accompanies  or  is  used  in  aid  of  any  person  so  doing.  The 
words  "delinquent  child"  shall  include  any  child  under  the 
age  of  sixteen  years  who  violates  any  law  of  this  state  or  any 
city,  town  or  village  ordinance;  or  who  is  incorrigible;  or  who 
knowingly  associates  with  thieves,  vicious  or  immoral  per- 
sons ;  or  who  is  growing  up  in  idleness  or  crime ;  or  who  know- 
ingly patronizes  any  pool-rooms  or  place  where  gambling 
devices  are  operated.  The  word  "child"  or  "children"  may 
mean  one  or  more  children,  and  the  word  "parent"  or  "parents" 
may  be  held  to  mean  one  or  both  parents,  when  consistent  with 
the  intent  of  this  act.  The  word  "association"  shall  include  any 
corporation  which  includes  in  its  purpose  the  care  or  discipline 
of  children  coming  within  the  meaning  of  this  act.  (Laws 
1905,  ch.  190,  sec.  2.) 

SEC.  479.  Probation  Officer;  Appointed;  Duties;  Truant  Of- 
ficer. [5101]  The  juvenile  court  having  jurisdiction  under 
this  act  shall  appoint  or  designate  one  or  more  discreet  persons 
of  good  character  to  serve  as  probation  officers  during  the 
pleasure  of  the  court;  said  probation  officer  shall  receive  as 
compensation,  from  the  public  treasury,  a  sum  to  be  fixed  by 
the  court,  said  sum  not  to  exceed  two  dollars  per  day  for 
services  actually  performed;  provided,  that  in  cities  having 
a  population  of  15,000  or  over,  the  compensation  shall  not 
be  more  than  three  dollars  per  day.  Whenever  there  is  to 
be  a  child  brought  before  any  court  having  a  probation 
officer,  it  shall  be  the  duty  of  the  judge  of  the  court,  if  prac- 


164  JUVENILE   COURT.  [CH.  16 

ticable,  to  notify  the  probation  officer  in  advance  when  any 
child  is  to  be  brought  before  the  court.  It  shall  be  the  duty 
of  said  probation  officer  to  make  such  investigation  as  may  be 
required  by  the  court;  to  be  present  in  court  in  order  to  rep- 
resent the  interest  of  the  child  when  the  case  is  heard;  to 
furnish  to  the  court  such  information  and  assistance  as  the 
judge  may  require,  and  to  take  such  charge  of  any  child  before 
and  after  trial  as  may  be  directed  by  the  court ;  and  the  court 
shall  have  power  to  make  and  enforce  rules  specifying  the 
duties  of  the  probation  officer  in  any  and  all  cases.  The  judge 
of  said  juvenile  court  may,  at  his  discretion,  designate  as  pro- 
bation officer  the  regular  truant  officer  of  the  county,  who 
shall  perform  the  duties  of  this  office  in  addition  to  the  duties 
of  the  truant  officer,  as  provided  by  law,  and  he  shall  receive 
no  further  remuneration  than  is  provided  by  laws  already  ex- 
isting. Any  probation  officer  may,  without  warrant  or  other 
process,  at  any  time  until  the  final  disposition  of  the  case  of 
any  child  over  whom  said  juvenile  court  shall  have  acquired 
jurisdiction,  take  the  child  placed  in  his  care  by  said  court  and 
bring  the  child  before  the  court,  or  the  court  may  issue  a  war- 
rant for  the  arrest  of  any  child,  and  the  court  may  thereupon 
proceed  to  sentence  or  make  such  other  disposition  of  the  case 
as  he  may  deem  best.  (Laws  1905,  ch.  190,  sec.  3.) 

SEC.  480.  Who  May  Make  the  Complaint.  [5102]  Any 
reputable  person,  being  a  resident  in  the  county,  having  knowl- 
edge of  a  child  in  his  county  who  appears  to  be  either  depend- 
ent, neglected  or  delinquent  within  the  meaning  of  this  act, 
may  file  with  the  court  having  jurisdiction  in  the  matter  a 
petition,  in  writing,  setting  forth  the  facts,  verified  by  affidavit. 
It  shall  be  sufficient  that  the  affidavit  be  upon  information  and 
belief.  If  it  shall  be  determined  by  the  court  that  there  is  no 
ground  for  complaint,  no  permanent  record  shall  be  made  by 
the  court..  (Laws  1905,  ch.  190,  sec.  4.) 

SEC.  481.  Summoning  Custodian  of  Child.  [5103]  Upon 
the  filing  of  the  petition,  unless  the  parties  shall  voluntarily 
appear  or  be  in  court,  a  summons  shall  issue  in  the  name  of 
the  state  of  Kansas,  requiring  the  child  and  the  person  having 
custody  and  control  of  the  child,  or  with  whom  the  child  may 
be,  to  appear  with  the  child  at  the  place  and  at  the  time  set 
in  the  summons,  which  shall  not  be  later  than  twenty-four 
hours  after  service,  unless  otherwise  directed  by  the  court. 
The  parents  of  the  child,  if  living,  and  their  residence  known, 
or  its  legal  guardian,  if  one  there  be,  or  if  there  is  neither 
parent  nor  guardian,  or  if  his  or  her  residence  is  unknown, 
then  some  relative,  if  there  be  one,  and  his  or  her  residence  is 
known,  shall  be  notified  of  the  proceedings ;  and  in  any  case 
the  judge  may  appoint  some  suitable  person  or  association  to 
act  in  behalf  of  the  child.  If  the  person  summoned,  as  herein 


CH.  16]  JUVENILE   COURT.  165 

provided,  shall  fail  without  reasonable  cause  to  appear  and 
abide  the  order  of  the  court,  or  to  bring  the  child,  such  person 
may  be  proceeded  against  as  in  case  of  contempt  of  court.  In 
case  the  summons  can  not  be  served,  or  the  party  served  shall 
fail  to  obey  the  same,  or  in  case  when  it  shall  be  made  to 
appear  to  the  court  that  such  summons  will  be  ineffectual,  a 
warrant  may  issue  on  order  of  the  court,  either  against  the 
parent  or  guardian,  or  the  person  having  custody  of  the  child, 
or  against  the  child  itself.  On  the  return  of  the  summons  or 
other  process,  or  as  soon  thereafter  as  may  be,  the  court  shall 
proceed  to  hear  and  dispose  of  the  case  in  a  summary  manner 
and. enter  final  judgment  therein;  and  the  costs  of  all  proceed- 
ings under  this  act  may,  in  the  discretion  of  the  court,  be 
adjudged  against  the  person  or  persons  so  summoned,  appear- 
ing, or  arrested,  as  the  case  may  [be],  and  collected  as  pro- 
vided by  law  in  civil  cases.  (Laws  1905,  ch.  190,  sec.  5.) 

SEC.  482.    Custody  of  the  Child ;  Continuance  of  the  Hearing. 

[5104]  In  any  case  the  court  may  continue  the  hearing  from 
time  to  time,  and  may  in  the  meantime  commit  the  child  to  the 
care  and  control  of  the  probation  officer,  or  may  allow  such 
child  to  remain  in  its  own  home,  or  in  the  custody  of  some 
suitable  person,  subject  to  the  supervision  and  control  of  the 
probation  officer  and  to  such  other  conditions  as  may  be  im- 
posed by  the  court ;  or  the  court  may  authorize  the  child  to  be 
placed  in  a  suitable  family  home,  subject  to  the  friendly  super- 
vision of  the  probation  officer  and  the  further  order  of  the 
court.  Pending  a  hearing,  no  child  shall  be  committed  to  a  jail 
or  police  station,  except,  in  case  of  felony,  the  judge,  if  he  deems 
it  advisable,  may  commit  such  child  to  jail  until  the  trial  and 
final  disposition  of  the  case ;  but  when  other  provision  shall  not 
have  been  made  for  its  care  and  custody,  the  court  shall  direct 
it  to  be  kept  in  some  suitable  place  provided  by  the  county  out- 
side of  a  jail  or  police  station.  (Laws  1905,  ch.  190,  sec.  6.) 

SEC.  403.  Care  of  Dependent  or  Neglected  Child.  [5105] 
When  any  child  under  the  age  of  sixteen  years  shall  be  found 
to  be  dependent  or  neglected,  within  the  meaning  of  this  act, 
the  court  may  make  an  order  committing  the  child  to  the  care 
of  some  suitable  institution,  or  the  care  of  some  reputable 
citizen  of  good  moral  character,  or  to  the  care  of  some  training 
school  or  an  industrial  school,  as  provided  by  law,  or  to  the  care 
of  some  association  willing  to  receive  it,  embracing  in  its  object 
the  purpose  of  caring  for  or  obtaining  homes  for  neglected  or 
dependent  children.  The  court  may,  when  the  health  or  condi- 
tion of  the  child  shall  require  it,  cause  the  child  to  be  placed  in 
a  public  hospital  or  institution  for  treatment  or  special  care, 
or  in  a  private  hospital  or  institution  which  will  receive  it  for 
like  purpose  without  charge.  (Laws  1905,  ch.  190,  sec.  7.). 

SEC.  484.  The  Child  as  the  Ward  of  an  Association  or  In- 
dividual. [5106]  In  any  case  where  the  court  shall  award  a 


166  JUVENILE   COURT.  [CH.  16 

child  to  the  care  of  any  association  or  individual,  in  accordance 
with  the  provisions  of  this  act,  the  child  shall,  unless  otherwise 
ordered,  become  a  ward,  and  be  subject  to  the  guardianship  of 
the  association  or  individual  to  whose  care  it  is  committed. 
Such  association  or  individual  shall  have  authority  to  place 
such  child  in  a  family  home,  with  or  without  indenture,  and 
may  be  made  party  to  any  proceedings  for  the  legal  adoption 
of  the  child,  and  may  by  its  or  his  attorney  or  agent  appear  in 
any  court  where  such  proceedings  are  pending  and  assent  to 
such  adoption ;  and  such  assent  shall  be  sufficient  to  authorize 
the  court  to  enter  proper  order  or  decree  of  adoption.  Such 
guardianship  shall  not  include  the  guardianship  of  any  estate 
of  the  child.  (Laws  1905,  ch.  190,  sec.  8.) 

SEC.  485.  The  Child  Committed  to  the  Care  of  a  Probation 
Officer.  [5107]  In  case  of  a  delinquent  child,  the  court  may 
continue  the  hearing  from  time  to  time,  and  may  in  the  mean- 
time commit  the  child  to  the  care  and  control  of  a  probation 
officer  duly  appointed  by  the  court,  and  may  allow  such  child 
to  remain  in  its  own  home,  subject  to  the  visitation  and  control 
of  the  probation  officer;  such  child  to  report  to  the  court  as 
often  as  may  be  required,  and  shall  be  subject  to  be  returned  to 
the  court  for  further  proceedings  whenever  such  action  shall 
appear  to  the  court  to  be  necessary ;  or  the  court  may  authorize 
the  child  to  be  placed  in  a  suitable  family  home,  subject  to  the 
friendly  supervision  of  the  probation  officer  and  the  further 
order  of  the  court ;  or  it  may  authorize  the  child  to  be  boarded 
out  in  some  suitable  family  home,  in  case  provision  is  made  by 
voluntary  contribution  or  otherwise  for  payment  of  the  board 
of  such  child  until  suitable  provision  may  be  made  for  the 
child  in  a  home  without  such  payment ;  or  the  court  may  com- 
mit the  child  to  a  suitable  institution  for  the  care  of  delinquent 
children ;  provided,  that  no  child  under  the  age  of  sixteen  years 
shall  be' committed  to  the  State  Reformatory,  and  in  no  case 
shall  a  child  be  committed  beyond  his  or  her  minority.  A  child 
committed  to  such  institution  shall  be  subject  to  the  control  of 
the  board  of  managers  thereof,  and  the  board  shall  have  power 
to  parole  such  child  on  such  conditions  as  it  may  prescribe; 
and  the  court  shall,  on  the  recommendation  of  the  board,  have 
power  to  discharge  such  child  from  custody  whenever,  in  the 
judgment  of  the  court,  his  or  her  reformation  is  complete;  or 
the  court  may  commit  the  child  to  the  care  and  custody  of 
some  association  that  will  receive  it,  embracing  in  its  objects 
the  care  of  neglected  and  dependent  children,  if  such  institution 
be  duly  credited  as  hereinafter  provided,  or  to  the  care  and 
custody  of  some  discreet  person.  (Laws  1905,  ch.  190,  sec.  9.) 

SEC.  486.  The  Court  May  Revoke  the  Custody.  [5108]  In 
any  case  where  a  dependent,  neglected  or  delinquent  child  has 
been  committed  to  the  care  and  custody  of  any  association  or 
individual,  the  court  may  cause  the  child  to  be  brought  before 
it,  together  with  the  person  in  whose  custody  he  may  be,  and 


CH.  16]  JUVENILE   COURT.  167 

if  it  shall  appear  that  a  continuance  of  such  custody  is  not  for 
the  best  interests  of  such  child,  the  court  may  revoke  and  set 
aside  the  order  giving  such  custody,  and  make  such  further 
orders  in  the  premises  as  to  the  future  disposition  of  the  child 
as  shall  seem  best.  (Laws  1905,  ch.  190,  sec.  10.) 

SEC.  487.  Child  under  Sixteen  Not  to  be  Taken  Before 
Courts  Other  than  Juvenile  Courts.  [5109]  When  a  child 
under  the  age  of  sixteen  years  is  arrested,  with  or  without  a 
warrant,  such  child  shall,  instead  of  being  taken  before  a 
justice  of  the  peace  or  police  magistrate  or  judge  or  any  other 
court  now  or  hereafter  having  jurisdiction  of  the  offense 
charged,  be  taken  before  such  juvenile  court;  or  if  the  child 
shall  have  been  taken  before  a  justice  of  the  peace  or  police 
magistrate  or  judge  of  such  court,  it  shall  be  the  duty  of  such 
justice  of  the  peace  or  police  magistrate  or  judge  of  such  court 
to  transfer  the  case  to  such  juvenile  court,  and  of  the  officer 
having  the  child  in  charge  to  take  such  child  before  said  court ; 
and  in  any  such  case  the  said  court  may  proceed  to  hear  the 
defense  of  the  case  in  the  same  manner  as  if  the  child  had  been 
brought  before  the  court  upon  the  petition  as  herein  provided. 
In  any  case  the  court  shall  require  notice  to  be  given  and  in- 
vestigation to  be  made  as  in  the  several  cases  under  this  act 
provided  for,  and  may  adjourn  the  hearing  from  time  to  time 
for  the  purpose.  (Laws  1905,  ch.  190,  sec.  11.) 

SEC.  488.  Appeal  to  District  Court.  [5110]  An  appeal 
shall  be  allowed  to  the  district  court  by  any  child  from  the 
final  order  of  commitment  made  by  the  juvenile  court,  and  may 
be  demanded  on  the  part  of  the  child  by  its  parent,  guardian, 
or  custodian,  or  by  any  relation  of  such  child  within  the  third 
degree  of  kinship.  Such  appeal  shall  be  taken  within  ten  days 
after  the  making  of  the  order  complained  of  by  written  notice 
of  appeal  filed  with  the  judge  of  the  juvenile  court;  whereupon 
it  shall  be  the  duty  of  the  judge  of  said  court,  without  unneces- 
sary delay,  to  transmit  all  papers,  together  with  a  transcript  of 
his  records  of  the  case,  to  the  clerk  of  the  district  court  of  his 
county,  by  whom  the  case  shall  be  docketed  in  the  order  of  its 
reception.  Such  appeal  shall  not  suspend  or  vacate  the  order 
appealed  from,  but  the  same  shall  continue  in  force  in  all 
respects  the  same  as  if  no  appeal  had  been  taken  until  final 
judgment  has  been  rendered  in  the  district  court;  provided, 
however,  that  the  judge  of  the  district  court  may,  pending  a 
hearing  on  appeal,  make  such  modifications  of  the  order  of  the 
juvenile  court  and  upon  such  conditions  as  to  him  may  seem 
proper.  Upon  the  final  hearing  on  appeal  the  case  shall  be 
heard  and  disposed  of  in  the  spirit  of  this  act  and  in  the  exer- 
cise of  all  the  powers  and  discretion  herein  given  to  the  juve- 
nile court.  In  all  cases  of  felony  the  judge  of  the  juvenile 
court  may  remand  the  person  apprehended  to  the  district  court 
or  county  court  for  trial.  (Laws  1905,  ch.  190,  sec.  12.) 


168  JUVENILE  COURT.  [CH.  16 

SEC.  489.  Assistance  of  City  and  County  Attorneys,  and 
Other  Officials.  [5111]  It  shall  be  the  duty  of  all  county  at- 
torneys within  their  respective  counties,  and  city  attorneys 
within  their  respective  cities,  to  give  to  the  probation  officers 
such  aid  in  the  performance  of  their  duties  as  may  be  con- 
sistent with  the  duties  of  the  office  of  such  attorneys.  It  shall 
be  the  duties  of  the  police  officers  and  constables  making  ar- 
rests of  children  under  sixteen  years  of  age  in  the  counties 
herein  mentioned  to  at  once  give  information  of  that  fact  to 
the  probation  officer  or  to  the  judge  of  the  juvenile  court  herein 
provided,  and  also  to  furnish  such  probation  officer  or  judge 
with  all  the  facts  in  his  possession  pertaining  to  said  child,  its 
parents,  guardian,  or  other  person  likely  to  be  interested  in 
such  child,  and  also  the  nature  of  the  charge  upon  which  such 
charge  has  been  made.  Any  probation  officer  may,  without 
warrant  or  other  process,  at  any  time  until  final  disposition  of 
the  case  of  any  child  over  whom  said  juvenile  court  shall  have 
acquired  jurisdiction,  take  any  child  placed  in  his  care  by  said 
court  and  bring  such  child  before  the  court,  or  the  court  may 
issue  a  warrant  for  the  arrest  of  any  such  child ;  and  the  court 
may  thereupon  proceed  to  sentence  or  make  other  disposition 
of  the  case.  (Laws  1905,  ch.  190,  sec.  13.) 

SEC.  490.  Discretion  of  Juvenile  Court  as  to  Penalties  of 
State  Laws  and  City  Ordinances.  [5112]  All  punishments 
and  penalties  imposed  by  law  upon  persons  for  the  commission 
of  offenses  against  the  laws  of  the  state,  or  imposed  by  city 
ordinances  for  the  violation  of  such  ordinances,  in  the  case  of 
delinquent  children  under  the  age  of  sixteen  years,  shall  rest 
in  the  discretion  of  the  judge  of  the  juvenile  court,  and  execu- 
tion of  any  sentence  may  be  suspended  or  remitted  by  said 
court.  (Laws  1905,  ch.  190,  sec.  14.) 

SEC.  491.  Care  and  Custody  of  Child  to  be  Parental.  [5113] 
This  act  shall  be  liberally  construed,  to  the  end  that  its  pur- 
poses may  be  carried  out,  to  wit,  that  the  care,  custody  and 
discipline  of  a  child  shall  approximate,  as  nearly  as  may  be, 
proper  parental  care ;  and  in  all  cases  where  the  same  can  be 
properly  done  that  a  child  may  be  placed  in  an  approved  family 
home,  by  legal  adoption  or  otherwise.  And  in  no  case  shall 
any  proceedings,  order  or  judgment  of  the  juvenile  court,  in 
cases  coming  within  the  purview  of  this  act,  be  deemed  or  held 
to  import  a  criminal  act  on  the  part  of  any  child ;  but  all  pro- 
ceedings, orders  and  judgments  shall  be  deemed  to  have  been 
taken  and  done  in  the  exercise  of  the  parental  power  of  the 
state.  {Laws  1905,  ch.  190,  sec.  15.) 

SEC.  492.    Parents  Responsible  for  Delinquency  of  Children; 

Penalty.  [5114]  In  all  cases  where  any  child  shall  be  a  delin- 
quent, dependent  or  neglected  child,  as  defined  by  the  statutes 
of  this  state,  the  parent  or  parents  or  other  persons  responsible 
for  or  by  any  act  causing,  encouraging  or  contributing  to  such 


CH.  16]  JUVENILE  COURT.  169 

delinquency,  dependency  or  neglect  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  trial  and  conviction  thereof  shall  be 
fined  in  a  sum  not  to  exceed  one  thousand  dollars,  or  imprisoned 
in. the  county  jail  for  a  period  not  to  exceed  one  year,  or  by 
both  such  fine  and  imprisonment.  .The  juvenile  courts  shall 
have  jurisdiction  of  all  cases  coming  within  the  provisions  of 
this  act.  (Laws  1907,  ch.  177,  sec.  1.) 

SEC.  493.  Suspension  of  Sentence;  Release;  Bond.  [5115] 
The  court  may  suspend  any  sentence  hereunder  or  release  any 
person  sentenced  under  this  act  from  custody  upon  condition 
that  such  person  shall  furnish  a  good  and  sufficient  bond  or 
undertaking  to  the  people  of  the  state  of  Kansas  in  such  penal 
sum,  not  exceeding  two  thousand  dollars,  as  the  court  shall 
determine,  conditioned  for  the  payment  of  such  amount  as  the 
court  may  order,  not  exceeding  twenty-five  dollars  per  month 
for  each  child,  for  the  support,  care  and  maintenance  of  such 
child  while  under  the  guardianship,  or  in  the  custody  of  any 
individual  or  any  public,  private  or  state  home,  institution,  as- 
sociation or  orphanage  to  which  the  child  may  have  been  com- 
mitted or  entrusted  under  the  provisions  of  the  laws  of  this 
state  concerning  dependent  and  neglected  children.  (Laws 
1907,  ch.  177,  sec.  2.) 

SEC.  494.    Custody  of  Child  During  Suspension  of  Sentence. 

[5116]  The  court  may  also  suspend  any  sentence  imposed 
under  this  act,  and  may  permit  any  dependent  child  to  remain 
in  the  custody  of  any  such  person  found  guilty  upon  conditions 
to  be  prescribed  or  imposed  by  the  court  as  seem  most  calcu- 
lated to  remove  the  cause  of  such  dependence  or  neglect,  and 
while  such  conditions  are  accepted  and  complied  with  by  any 
such  person  such  sentence  may  remain  suspended  and  such 
person  shall  be  considered  on  probation  in  said  court ;  in  case 
a  bond  is  given  as  provided  herein,  the  conditions  prescribed 
by  the  court  may  be  made  a  part  of  the  terms  and  conditions 
of  such  bond.  (Laws  1907,  ch.  177,  sec.  3.) 

SEC.   495.     Forfeiture  of  Bond  and  Term   of  Probation. 

[5117]  Upon  the  failure  of  any  such  person  to  comply  with 
the  terms  and  conditions  of  such  bond  or  of  the  conditions  im- 
posed by  the  court,  such  bond  or  the  term  of  probation  may  be 
declared  forfeited  and  terminated  by  the  court,  and  the  original 
sentence  executed  as  though  it  had  never  been  suspended,  and 
the  term  of  any  jail  sentence  imposed  in  any  such  case  shall 
commence  from  the  date  of  the  incarceration  of  any  such  per- 
son after  the  forfeiture  of  such  bond  or  term  of  probation. 
There  shall  be  deducted  from  any  such  period  of  incarceration 
any  part  of  such  sentence  which  may  have  already  been  served. 
(Laws  1907,  ch.  177,  sec.  4.) 

SEC.  496.  Judgment  in  Case  of  Forfeiture  of  Bond.  [5118] 
It  shall  not  be  necessary  to  bring  a  separate  suit  to  recover  the 


170  JUVENILE   COURT.  [CH.  16 

penalty  of  any  such  bond  so  f  erf  eited,  but  the  court  may  cause 
a  citation  to  issue  to  the  surety  or  sureties  thereon,  requiring 
that  he  or  they  appear  at  a  time  named  therein  by  the  court, 
which  time  shall  not  be  less  than  ten  nor  more  than  twenty 
days  from  the  issuance  thereof,  and  show  cause,  if  any  there 
be,  why  judgment  should  not  be  entered  for  the  penalty  of 
such  bond  and  execution  issued  for  the  amount  thereof  against 
the  property  of  the  surety  or  sureties  thereon,  as  in  civil  cases, 
and  upon  failure  to  appear  or  failure  to  show  any  such  suffi- 
cient cause,  the  court  shall  enter  such  judgment  in  behalf  of 
the  people  of  the  state  of  Kansas  against  such  surety  or  sure- 
ties, or  in  case  of  default  or  refusal  to  pay  the  said  bond,  action 
may  be  taken  in  any  court  of  competent  jurisdiction  in  behalf 
of  the  people  of  the  state  of  Kansas  to  compel  the  payment  of 
said  bonds.  Any  moneys  collected  or  paid  upon  any  such  exe- 
cution or  in  any  case  upon  said  bond  shall  be  turned  over  to 
the  county  treasurer  of  the  county  in  which  such  bond  is  given, 
to  be  applied  to  the  care  and  maintenance  of  the  child  or  chil- 
dren for  whose  dependency  such  conviction  was  had,  in  such 
manner  and  upon  such  terms  as  the  juvenile  court  may  direct; 
provided,  that  if  it  shall  not  be  necessary  in  the  opinion  of  the 
court  to  use  such  fund  or  any  part  thereof  for  the  support  and 
maintenance  of  such  child,  the  same  shall  be  paid  into  the 
county  treasury  and  become  a  part  of  the  funds  of  such  county. 
(Laws  1907,  ch.  177,  sec.  5.) 

SEC.  497.  Acts  Not  Repealed.  [5119]  Nothing  in  this  act 
shall  be  construed  to  repeal  any  acts  providing  for  the  support 
by  parents  of  their  minor  children  or  any  part  of  the  acts  con- 
cerning delinquent  children  or  persons  contributing  thereto; 
and  nothing  in  said  acts  shall  prevent  proceedings  under  this 
act  in  any  proper  case.  (Laws  1907,  ch.  177,  sec.  6.) 

SEC.  498.  Detention  Home;  Juvenile  Farm.  [5120],  That 
the  county  commissioners  of  every  county  of  the  state  having 
a  population  of  more  than  twenty  thousand  may  provide  a 
detention  home  or  a  juvenile  farm  for  the  purpose  of  caring 
for  homeless  children  under  sixteen  years  of  age  in  the  custody 
of  the  judge  of  the  juvenile  court;  provided,  however,  that  a 
juvenile  farm  may  be  established  only  in  counties  having  a 
city  whose  population  is  twfcnty-nve  thousand  or  over.  Until 
a  building  is  erected  for  the  purpose  of  a  detention  home,  or 
until  a  juvenile  farm  with  suitable  and  convenient  buildings 
has  been  provided,  the  commissioners  may  lease  or  rent  a  suit- 
able and  convenient  building  or  a  part  thereof  for  a  term  not 
to  exceed  five  years  for  any  one  period,  which  shall  be  used  as 
a  detention  home.  (Laws  1907,  ch.  177,  sec.  7.) 

SEC.  499.  Government  of  Detention  Home.  [5121]  That 
the  detention  home  shall  be  in  charge  of  a  matron  or  of  a  man 
and  his  wife,  who  shall  be  under  the  supervision  of  the  judge 


CH.  16]  JUVENILE  COURT.  171 

of  the  juvenile  court.  The  inmates  of  the  detention  home  shall 
be  controlled  as  far  as  possible  through  parental  care.  The 
children  shall  be  placed  in  the  public  schools  where  possible, 
or,  if  it  be  so  determined,  the  commissioners  may  provide  for 
separate  instruction  within  the  home.  The  detention  home  is 
to  supplement  the  work  of  the  juvenile  court  and  to  be  used  in 
lieu  of  any  jail  or  prison,  but  it  shall  be  the  policy  of  the  judge 
of  the  juvenile  court,  probation  officer  and  the  matron  or 
superintendent  of  the  detention  home  to  make  the  said  house 
of  detention  a  temporary  home,  and  as  soon  as  possible  to  pro- 
vide for  the  return  of  the  inmates  of  the  home  to  they*  natural 
parents  or  to  parents  by  adoption.  (Laws  1907,  ch.  177,  sec.  8.) 

SEC.  500.  Record  of  Inmates  of  Detention  Home.  [5122] 
It  shall  be  the  duty  of  the  matron  or  superintendent  of  the  de- 
tention home  to  keep  a  complete  record  of  all  inmates  of  the 
home,  including  age,  sex,  time  of  admission,  and  time  of  dis- 
charge, conduct  and  character,  state  of  health  at  time  of  ad- 
mission and  dismissal,  and  shall  make  a  monthly  report  to  the 
judge  of  the  juvenile  court  on  a  blank  provided  for  the  same. 
(Laws  1907,  ch.  177,  sec.  9.) 

SEC.  501.  Tax  Levied  for  Detention  Home  or  Juvenile  Farm; 
Salary  of  Matron  or  Superintendent.  [5123]  For  the  support 
and  maintenance  of  the  detention  home  or  juvenile  farm,  the 
county  commissioners  shall  make  an  estimate  of  the  cost  and 
levy  a  tax,  as  in  the  case  of  providing  for  other  expenses  of 
the  county,  and  all  expenses  of  the  said  detention  home  or 
juvenile  farm  shall  be  accorded  as  a  part  of  the  expenses  of 
the  said  juvenile  court  of  the  said  county.  The  salary  of  the 
matron  or  superintendent  shall  be  fixed  by  the  county  commis- 
sioners, and  warrants  drawn  for  the  payment  of  said  salary 
and  all  other  bills  regularly  allowed  by  the  said  commissioners 
on  account  of  said  expenses  for  the  maintenance  of  said  deten- 
tion home  or  juvenile  farm.  (Laws  1907,  ch.  177,  sec.  10.) 

SEC.   502.     Annual  Report   of  Judges   of  Juvenile   Court. 

[5124]  That  the  judge  of  the  juvenile  court  shall  make  an 
annual  report  on  the  1st  day  of  July  to  the  governor  of  the 
state,  which  shall  be  complete  history  of  the  proceedings  of  the 
court  for  the  preceding  year ;  that  the  said  report  shall  contain 
statistics  of  the  number  of  cases,  the  nature  of  the  cases,  and 
the  disposition  of  the  same.  It  shall  also  contain  a  financial 
statement  of  the  court,  including  all  expenses,  expenditures 
made,  and  fines  collected.  (Laws  1907,  ch.  177,  sec.  11.) 

SEC.  503.  Jurisdiction  After  the  Age  of  Sixteen.  [5125] 
When  any  offender  before  the  age  of  sixteen  has  been  brought 
before  the  judge  of  the  juvenile  court,  the  jurisdiction  of  said 
court  over  said  offender  shall  not  expire  on  account  of  the 
child's  arriving  at  the  age  of  sixteen,  but  said  offender  shall 
continue  in  the  charge  of  said  court  until  he  is  finally  dis- 
charged by  the  same.  (Laws  1907,  ch.  177,  sec.  12.) 


172  JUVENILE   COURT.  [CH.  16 

SEC.  504.  Compensation  in  Counties  Having  a  Population  of 
Over  25,000.  [5126]  In  counties  having  twenty-five  thousand 
people  or  over,  the  probation  officer  who  is  appointed  for  said 
county  shall  receive  compensation  not  to  exceed  three  dollars  a 
day  for  time  of  actual  service.  (Laws  1907,  ch.  177,  sec.  13.) 

SEC.  505.  Jurisdiction.  [5127]  The  juvenile  court  shall 
have  jurisdiction  over  all  dependent  children  under  sixteen 
years  of  age.  All  applications  for  the  admission  of  children  to 
the  Soldiers'  Orphans'  Home  shall  be  made  to  the  juvenile 
court  of  the  county  of  which  any  child  is  a  resident.  (Laws 
1907,  ch.  177,  sec.  14.) 

SEC.   506.     Police  and  Sheriff   Entitled  to  Witness  Fees. 

[5128]  When  the  police  of  any  city  or  the  sheriff  of  any 
county  in  the  state  of  Kansas  shall  appear  before  the  judge  of 
the  juvenile  court  to  make  complaint  of,  to  report  on  or  to 
testify  on  account  of  dependent,  defective  or  delinquent  chil- 
dren, they  shall  receive  ordinary  witness  fees  for  such  serv- 
ices. (Laws  1907,  ch.  177,  sec.  15.) 

SEC.  507.  Blanks.  [5129]  Blanks  shall  be  used  by  the 
juvenile  court  in  the  several  counties  in  Kansas  which  shall 
be  furnished  by  the  State  Board  of  Control.  (Laws  1907,  ch. 
177,  sec.  16.) 

SEC.  508.  Procedure  in  Juvenile  Court.  The  procedure  in 
the  juvenile  court  for  the  trial  of  any  person  charged  with 
causing,  encouraging  or  contributing  to  the  delinquency,  de- 
pendency or  neglect  of  any  child  shall  be  substantially  the  same 
as  the  procedure  provided  for  the  trial  of  misdemeanors  be- 
fore justices  of  the  peace.  (Laws  1911,  ch.  236,  sec.  1.) 

SEC.  509.  Appeal.  Any  person  convicted  in  the  juvenile 
court  of  causing,  encouraging  or  contributing  to  the  delin- 
quency, dependency  or  neglect  of  any  child  may  appeal  from 
such  judgment  in  substantially  the  same  manner  as  is  now 
provided  for  appeals  from  the  judgment  of  justices  of  the 
peace  in  misdemeanor  cases.  (Laws  1911,  ch.  236,  sec.  2.) 

SEC.  510.  Parental  Home  in  Certain  Counties.  In  every 
county  having  a  city  whose  population  is  not  less  than  eighty 
thousand,  the  board  of  county  commissioners  may,  by  unani- 
mous vote,  procure  the  necessary  ground  and  erect  suitable 
buildings  for  a  parental  home  for  homeless,  dependent,  neg- 
lected or  delinquent  children  within  such  county  and  shall 
conduct  and  maintain  the  same.  (Laws  1915,  ch.  276,  sec.  1.) 

SEC.  511.  Inmates.  At  the  home  herein  provided  for  home- 
less, dependent,  neglected  or  delinquent  children  who  are  under 
the  age  of  sixteen,  may  be  kept  all  such  children  as  shall  have 
been  found  by  the  judge  of  the  juvenile  court,  to  be  proper  in- 
mates of  said  home.  (Laws  1915,  ch.  276,  sec.  2.) 

SEC.  512.  Tax  for  Buildings  and  Support.  That  for  the 
purchase  of  the  necessary  ground  and  the  erection  of  a  suitable 


CH.  16]  JUVENILE  COURT.  173 

building  or  buildings  for  the  purposes  herein  provided  for,  the 
board  of  county  commissioners  may,  by  unanimous  vote,  levy 
and  collect  a  tax  of  not  exceeding  three  cents  on  the  hundred 
dollars  on  all  taxable  property  of  the  county,  and  also  may,  by 
unanimous  vote,  levy  and  collect  an  annual  tax  of  not  to  exceed 
one  and  one-half  cents  on  the  hundred  dollars  for  the  support 
and  maintenance  of  such  home,  which  taxes  shall  be  levied  and 
collected  as  in  case  of  providing  for  other  expenses  of  the 
county.  (Laws  1915,  ch.  276,  sec.  3.) 

SEC.  513.  Managers;  Advisory  Board.  The  home  herein 
provided  for  shall  be  in  charge  of  a  man  and  his  wife,  to  be 
selected  by  the  juvenile  judge;  provided,  however,  that  such 
managers  shall  receive  and  have  the  advisory  assistance  of  a 
board  consisting  of  five  women  residents  of  such  county  who 
shall  be  named  by  the  board  of  county  commissioners,  one  whose 
term  shall  be  for  five  years,  and  one  whose  term  shall  be  for 
four  years,  and  one  whose  term  shall  be  for  three  years,  and 
one  whose  term  shall  be  for  two  years,  and  one  for  one  year, 
and  on  the  first  of  January  each  year  thereafter  one  for  five 
years,  and  such  advisory  board  shall  at  all  times  have  access  to 
the  home  and  every  department  thereof  and  shall  be  entitled 
to  familiarity  with  every  detail  in  its  management.  (Laws 
1915,  ch.  276,  sec.  4.) 

SEC.  514.  Supervision.  The  home  herein  provided  for  shall 
be  under  the  supervision  of  the  board  of  county  commissioners, 
except  as  otherwise  provided  for  in  the  provision  of  chapter 
177,  Session  Laws  of  1907,  entitled  "An  act  amendatory  of  and 
supplemental  to  chapter  190  of  the  Laws  of  1905,  entitled  'An 
act  to  establish  a  juvenile  court  and  to  provide  for  dependent 
and  neglected  children/  "  and  chapter  190  of  the  Laws  of  1905. 
(Laws  1915,  ch.  276,  sec.  5.) 

SEC.  515.  Salaries;  Expenses.  The  members  of  the  ad- 
visory board  shall  receive  no  compensation.  The  salaries  of  the 
managers  in  charge  shall  be  fixed  by  the  board  of  county  com- 
missioners and  warrants  shall  be  drawn  for  the  payment  of 
such  salaries  and  all  other  bills  regularly  allowed  by  said  board 
of  county  commissioners,  on  account  of  expenses  incurred  for 
the  maintenance  of  said  home.  (Laws  1915,  ch.  276,  sec.  6.) 


174  KINDERGARTENS.  [CH.  17 


CHAPTER  XVIL— Kindergartens. 

§516.  Free  kindergartens. 

SECTION  516.  Free  Kindergartens.  [7442]  That  the  school 
[board]  of  any  school  district141  in  the  state  shall  have  power 
to  establish  and  maintain  free  kindergartens  in  connection 
with  the  public  schools  of  said  district,  for  the  instruction  of 
children  between  four  and  six  years  of  age  residing  in  said 
district,  and  shall  establish  such  courses  of  training,  study 
and  discipline  and  such  rules  and  regulations  governing  such 
preparatory  or  kindergarten  schools  as  said  board  may  deem 
best;  provided,  that  nothing  in  this  act  shall  be  construed  to 
change  the  law  relating  to  the  taking  of  the  census  of  the 
school  population  or  the  apportionment  of  state  and  county 
school  funds  among  the  several  counties  and  districts  in  this 
state ;  provided  further,  that  the  cost  of  establishing  and  main- 
taining such  kindergartens  shall  be  paid  from  the  school  fund 
of  said  districts,  and  the  said  kindergartens  shall  be  a  part 
of  the  public-school  system,  and  governed,  as  far  as  practicable, 
in  the  same  manner  and  by  the  same  officers  as  provided  by 
law  for  the  government  of  the  other  public  school  [s]  of  the 
state;  provided  further,  that  no  person  shall  be  employed  as 
a  teacher  in  such  kindergarten  schools  who  has  not  passed  a 
satisfactory  examination  in  such  subjects  as  the  State  Board 
of  Education  shall  require.  The  State  Board  of  Education 
shall  adopt  rules  governing  the  examination  of  kindergarten 
teachers  and  shall  furnish  county  superintendents  with  ex- 
amination questions,  and  the  examination  shall  be  held  in  the 
manner  provided  by  law  for  the  examination  of  teachers  in 
the  public  schools;  provided  further,  that  any  person  who 
shall  complete  the  course  of  training  for  kindergarten  teachers 
at  the  State  Normal  School  or  its  auxiliaries  shall  be  entitled 
to  teach  in  the  kindergarten  schools  of  this  state  without  ex- 
amination. (Laws  1907,  ch.  325,  sec.  1.) 

1.41.    Kindergartens  may  also  be  established  in  cities  of  the  first  and 
second  class. 


CH.  18] 


LEVIES. 


175 


CHAPTER  XVIII.— Levies. 


§520.  County  clerk,  excessive  levies. 
521.  Penalty,  officers. 


§517.  Levies,   general  limitation. 

518.  Levies,  exceptions  to  limitations. 

519.  Increasing  the  levy. 

SECTION  517.  Levies,  General  Limitation.  [9418]  All 
levies  authorized  in  any  taxing  district  by  statute,  and  which 
are  not  expressly  limited  herein,  are  hereby  limited  so  that  no 
such  levy  shall  be  made  in  excess  of  twenty-five  per  cent  of 
the  rates  so  authorized.  (Laws  1909,  ch.  245,  sec.  25.) 

SEC.  518.  Levies,  Exceptions  to  Limitations.  [9419]  No 
limitation  imposed  by  this  act  shall  in  any  wise  apply  to  or  in 
any  way  limit  any  levy  which  is  authorized  by  statute  for  the 
purpose  of  creating  sinking-  and  interest-funds  necessary  to 
liquidate  at  maturity  the  principal  and  interest  of  any  in- 
debtedness authorized  by  law ;  nor  shall  any  provision  of  this 
act  apply  to  or  in  any  way  limit  special  taxes  levied  by  ordi- 
nance in  any  city.  And  nothing  in  this  act  shall  be  construed 
to  limit  the  levy  provided  by  any  special  act  heretofore  passed 
for  the  construction  of  roads,  and  under  which  any  county  is 
now  operating.  (Laws  1909,  ch.  245,  sec.  26.) 

SEC.  519.  Increasing  the  Levy.  [9420]  If  any  board  of 
levy,  or  any  officer  that  is  charged  with  the  duty  of  levying 
tax  in  any  taxing  district,  shall  be  of  the  opinion  that  the 
amount  of  tax  limited  by  this  act  will  be  insufficient  for  the 
needs  of  such  taxing  district  for  the  current  year,  the  question 
of  an  increased  levy  may  be  submitted  to  the  voters  of  such 
taxing  district  at  a  general  election  or  at  a  special  election 
called  for  the  purpose  in  the  manner  provided  by  law  for  call- 
ing special  elections  in  such  taxing  district ;  provided,  that 
under  the  provisions  of  this  section  a  vote  may  be  had  upon 
the  question  of  an  increased  levy  at  the  annual  meeting  of  any 
school  district.  If  any  such  question  of  increasing  the  levy 
shall  be  submitted  at  any  election  or  meeting  as  above  set 
forth,  due  notice  thereof  shall  be  given  for  at  least  thirty  days 
in  advance  of  such  election  or  meeting  by  publication  in  the 
official  county  paper  for  all  taxing  districts,  except  school  dis- 
tricts ;  but  in  school  districts  by  posting  a  notice  in  the  man- 
ner provided  by  law  for  other  elections  or  meetings;  said 
notice  shall  also  give  the  proposed  increase  in  the  levy.  If 
three-fourths  of  the  votes  cast  at  any  such  election  shall  be  in 
favor  of  the  increased  levy,  as  named  in  said  election  notice, 
then  the  officers  charged  with  levying  taxes  may  make  such 
increased  levy  for  the  year  voted  upon,  and  thereafter  the 
limitation  of  this  act  shall  apply,  unless  an  increased  levy  for 
a  particular  year  shall  be  voted  at  another  election  in  like  man- 
ner. (Laws  1909,  ch.  245,  sec.  27.) 


176  LEVIES.  [CH.  18 

SEC.  520.  County  Clerk;  Excessive  Levies.  [9421]  Any 
levy  which  may  be  certified  to  the  county  clerk  in  excess  of  the 
limitations  placed  by  this  act  shall  be  unlawful,  and  in  any 
such  case  it  shall  be  unlawful  for  the  county  clerk  of  any 
county  within  the  state  to  enter  upon  the  tax-roll  of  the  county 
any  such  excessive  levy ;  and  in  case  of  any  such  excess  in  any 
levy  it  is  hereby  made  the  duty  of  the  county  clerk  and  he  is 
hereby  required  to  reduce  such  levy  and  to  extend  upon  the 
tax-roll  only  such  a  part  thereof  as  will  comply  with  the  pro- 
visions of  this  act.  (Laws  1909,  ch.  245,  sec.  28.) 

SEC.  521.  Penalty;  Officers.  [9422]  Any  officer  of  any 
taxing  district  or  any  county  clerk  who  shall  violate  any  pro- 
vision of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  in  any  sum  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars  and  shall 
also  be  subject  to  removal  from  office  by  a  civil  action.  (Laws 
1909,  ch.  249,  sec.  29.) 


CH.  19] 


LIBRARIES — SCHOOL-DISTRICT. 


177 


CHAPTER  XIX.— Libraries. 

ARTICLE  I.— School-district  Libraries. 


§522.  School  districts  may  vote  a  tax  not 
to  exceed  two  mills  for  district 
library. 


§523.  The  money  so  collected  shall  be  used 

for  no  other  purpose. 

524.  Librarian  to  be  appointed  by  district 
board. 


SECTION  522.  Library  Fund.  [7546]  That  the  several 
school  districts  of  the  state  many,  at  the  annual  meeting  in  each 
year,  vote  a  tax142  upon  all  the  taxable  property  of  the  district, 
not  to  exceed  two  mills143  on  the  dollar,  which  tax  shall  be  certi- 
fied by  the  district  clerk  to  the  county  clerk,  at  the  same  time 
and  manner  as  other  school-district  taxes  are  certified;  and 
the  county  clerk  shall  place  the  same  on  the  tax-roll  of  the 
county  in  a  separate  column,  designating  the  purpose  for  which 
such  tax  was  levied ;  and  said  tax  shall  be  collected  and  paid 
over  to  the  treasurer  of  said  district  in  all  respects  as  other 
school-district  taxes  are  collected  and  paid ;  provided,  however, 
that  in  the  districts  where  the  taxable  property  of  the  district 
is  more  than  $20,000  and  not  more  than  $30,000,  there  shall 
not  be  levied  more  than  one  and  one-half  mills143  on  the  dollar ; 
and  where  the  taxable  property  is  more  than  $30,000  and  not 
more  than  $50,000,  there  shall  not  be  levied  more  than  one 
mill143  on  the  dollar ;  and  in  all  cases  where  the  taxable  property 
of  the  district  shall  exceed  $50,000,  there  shall  not  be  levied 
more  than  one-half  mill143  on  the  dollar.  (Laws  1876,  ch.  122, 
art.  8,  sec.  1.) 

SEC.  523.  How  Used.  [7547]  The  money  so  collected  shall 
be  used  under  the  direction  of  the  board  of  directors  for  the 
purchasing  of  a  school-district  library,  and  for  no  other  pur- 
pose ;  and  the  district  board,  in  the  purchase  of  books,  shall  be 
confined  to  works  of  history,  biography,  science,  and  travels. 
(Laws  1876,  ch.  122,  art.  8,  sec.  2.) 

SEC.  524.  Librarian;  Rules.  [7548]  The  district  clerk 
shall  be  the  librarian,  unless  the  board  of  directors  shall  ap- 
point some  other  competent  and  suitable  person,  who  shall 
reside  in  the  district,  to  perform  the  duties  of  that  office ;  and 
the  board  shall  have  power  to  make  such  rules  and  regulations 
in  regard  to  the  management  of  said  library  as  they  shall 
deem  best,  and  they  shall  revise  and  change  said  rules  from 
time  to  time  as  the  necessities  of  the  case  may  require.  (Laws 
1876,  ch.  122,  art.  8,  sec.  3.) 

142.  The  library  tax  is  an  additional  levy. 

143.  Limited  to  twenty-five  per  cent  of  the  above  amounts  by  Laws 
1909,  ch.  245,  sec.  25   (section  517  of  this  book). 

—12 


178  LIBRARIES — STATE  TRAVELING.  [CH.  19 


ARTICLE  II.— Kansas  State  Traveling  Libraries  and  Aplington   Art 

Gallery. 

§525.   Management  of  library.  I    §527.   Management  of  gallery. 

526.   Aplington  art  gallery. 

SECTION  525.  Management  of  Library.  [8252]  That  the 
Kansas  Traveling  Libraries  Commission  shall  have  the  man- 
agement of  the  traveling  library  department  of  the  state  li- 
brary, shall  make  such  rules  for  the  government  of  such  de- 
partment and  the  use  of  the  books  and  other  property  thereof 
as  they  may  deem  necessary,  and,  under  such  regulations  as 
they  may  prescribe,  they  may  send  out  temporarily  from  the 
miscellaneous  department  of  the  state  library  such  books  (not 
including  reference  books  or  other  books  inappropriate  for 
such  purposes)  as  may  be  designated  for  that  purpose  by  the 
directors  of  the  state  library  and  any  books  specially  given  to 
or  bought  for  such  traveling  libraries  to  any  library  in  the 
state,  or  to  any  community  or  organization  not  yet  having  an 
established  library  but  which  has  conformed  to  the  conditions 
of  said  regulations  of  said  commission,  and  such  books,  when 
so  sent  out  to  such  library,  community,  or  organization,  shall 
be  there  kept  for  the  use  of  the  public,  subject  to  such  reason- 
able regulations  with  reference  thereto  as  may  be  adopted  by 
said  commission.  And  said  commission  shall  from  time  to 
time  so  send  out  and  distribute  such  books  throughout  the 
state,  and  at  suitable  intervals  change  such  distribution,'  in 
such  manner  as  to  secure  to  the  greatest  practicable  degree  the 
use  and  enjoyment  of  such  books  to  the  people  of  the  entire 
state.  Said  commission  shall  be  entitled  to  receive  the  assist- 
ance of  the  assistant  librarian  of  the  state  library  who  is  in 
charge  of  the  miscellaneous  department  of  the  state  library. 
(Laws  1899,  ch.  163,  sees.  3  and  4.) 

SEC.  526.  Aplington  Art  Gallery.  [8254]  That  the  state 
of  Kansas  accepts  the  proffer  made  by  the  Kansas  Federation 
of  Women's  Clubs,  and  takes  the  collection  of  carbon  photo- 
graphic reproductions  of  the  world's  famous  paintings  for  cir- 
culation amongst  and  for  the  use  of  the  people  of  the  state; 
provided,  that  the  collection  shall  be  marked  and  known  as 
"The  Aplington  art  gallery."  (Laws  1907,  ch.  385,  sec.  1.) 

SEC.  527.  Management  of  Gallery.  [8255]  That  the  Ap- 
lington art  gallery  is  hereby  constituted  a  part  of  the  Kansas 
traveling  libraries,  and  is  placed  under  the  direction  and  con- 
trol of  the  Kansas  Traveling  Libraries  Commission,  with  the 
same  powers,  duties  and  restrictions  as  are  provided  for  the 
care,  circulation  and  distribution  of  books  belonging  to  the 
Kansas  traveling  libraries  by  chapter  163,  Laws  of  1899. 
(Laws  1907,  ch.  385,  sec.  2.) 


CH.  20] 


NIGHT  SCHOOLS. 


179 


CHAPTER  XX.— Night  Schools. 


§528.   School   boards    shall   have    power   to 

establish  night  schools. 
529.  Cost  paid  from  public-school  fund. 


§530.  Sessions;   term. 
531.  Equipment;  rules  and  regulations. 
532..  Teachers;   qualifications;   certificates. 


SECTION  528.  School  Boards  Shall  Have  Power  to  Establish 
Night  Schools.  The  school  board  of  any  district  or  the  board 
of  education  of  any  city  in  this  state  shall  have  the  power  to 
establish  and  maintain  free  public  night  schools  in  connection 
with  the  public  school  of  such  district  or  city,  for  the  instruc- 
tion of  persons  of  the  age  of  fourteen  years  and  over  residing 
in  said  district  or  city,  not  required  by  law  to  attend  the  public 
day  school  therein ;  provided,  that  it  shall  be  the  duty  of  such 
board  to  establish  and  maintain  such  public  night  school  when- 
ever petitioned  in  writing  therefor  by  the  parents  or  guardians 
of  ten  persons  eligible  to  attend  said  night  school;  provided 
further,  that  said  board  may  discontinue  such  night  school 
whenever  the  average  nightly  attendance  thereof  shall  be  not 
more  than  seven.  (Laws  1913,  ch.  267,  sec.  1.) 

SEC.  529.  Cost  Paid  from  Public  School  Fund.  The  cost  of 
establishing  and  maintaining  said  public  night  school  shall  be 
paid  from  the  public  school  fund  of  said  district  or  city  and  the 
said  night  school  shall  be  a  part  of  the  public  school  system,  and 
governed,  as  far  as  practicable,  in  the  same  manner  and  by 
the  same  officers  as  provided  by  law  for  the  government  of  the 
other  public  schools  of  this  state;  provided,  that  nothing  in 
this  act  shall  be  construed  to  change  the  law,  not  in  conflict 
herewith,  relating  to  the  public  day  schools  of  this  state ;  and 
provided  further,  that  nothing  in  this  act  shall  be  held  to 
compel  attendance  upon  such  public  night  school.  (Laws  1913, 
ch.  267,  sec.  2.) 

SEC.  530.  Sessions;  Term.  The  sessions  of  said  public 
night  school  shall  be  held  at  night  on  not  less  than  three  nights 
each  week  during  the  continuance  of  such  school  in  one  or  more 
of  the  regular  class  rooms  in  one  or  more  of  the  public  school 
buildings  of  said  district  or  city,  and  the  term  or  terms  of  said 
public  night  school  shall  continue  only  during  the  term  or 
terms  of  the  regular  public  school  in  such  district  or  city ;  pro- 
vided, that  said  night  school  term  shall  begin  not  later  than  the 
fifteenth  day  of  October  of  any  year  and  shall  continue  for  not 
less  than  five  months  thereafter,  except  as  provided  in  section 
1  of  this  act.  (Laws  1913,  ch.  267,  sec.  3.) 

SEC.  531.  Equipment;  Rules  and  Regulations.  The  board, 
as  far  as  practicable,  shall  furnish  the  same  equipment  used  in 
the  public  day  school  of  said  district  or  city,  and  shall  provide 


180  NIGHT  SCHOOLS.  '  [CH.  20 

for  the  courses  of  study,  rules  and  regulations,  not  in  conflict 
herewith,  that  it  may  deem  best  for  such  night  school.  (Laws 
1913,  ch.  267,  sec.  4.) 

SEC.  532.  Teachers;  Qualifications;  Certificates.  The  board 
shall  hire  one  or  more  teachers,  who  may  or  may  not  be  em- 
ployed as  a  public  school  teacher,  having  the  like  qualifications, 
evidenced  by  the  proper  teacher's  certificate,  required  by  law 
for  teachers  in  the  public  day  school  of  such  district  or  city, 
and  shall  pay  said  night  school  teacher  a  monthly  salary,  cal- 
culated upon  the  number  of  hours  actually  spent  in  teaching 
in  said  night  school,  and  in  the  manner  provided  by  law  for  the 
paying  of  teachers  in  the  public  schools  of  said  district  or  city. 
(Laws  1913,  ch.  267,  sec.  5.) 


CH.  21] 


NORMAL   INSTITUTES. 


181 


CHAPTER  XXL— Normal  Institutes. 


§537.  County    superintendent    shall    trans- 
mit funds. 

588.  Normal   institute  fund;    state   appro- 
priation. 

539.  Disbursements. 

540.  Union  institutes. 


§533.  Normal     institutes    to    be    held    an- 
nually ;    term. 

534.  Conductors    and    instructors;    certifi- 

cates. 

535.  Expenses;     fees;     county    appropria- 

tion. 

536.  County  treasurer  custodian  of  fund. 

SECTION  533.    Normal  Institutes  to  be  Held  Annually;  Term. 

Section  7509  of  the  General  Statutes  of  1909  is  hereby  amended 
to  read  as  follows:  Sec.  7509.  The  county  superintendents  of 
public  instruction  shall  hold  annually,  in  their  respective  coun- 
ties, for  a  term  of  not  less  than  five  days  nor  more  than  twenty 
days,  a  normal  institute  for  the  instruction  of  teachers  and 
those  desiring  to  teach;  provided,  that  two  or  more  counties 
may  be  united  in  holding  one  normal  institute,  as  provided  in 
section  2,  chapter  270  of  the  Session  Laws  of  1911.144  (Laws 
1915,  ch.  304,  sec.  1.) 

SEC.  534.  Conductor  and  Instructors;  Certificates.  [7510] 
The  county  superintendent  of  public  instruction,  with  the  ad- 
vice and  consent  of  the  state  superintendent  of  public  instruc- 
tion, shall  determine  the  time  and  place  of  holding  such  normal 
institutes,  and  shall  select  a  conductor  and  instructors  for  the 
same;  provided,  that  no  person  shall  be  paid  from  the  insti- 
tute funds  for  services  as  conductor  or  instructor  of  said 
institutes  who  has  not  received  a  certificate145  from  the  state 
board  of  examiners  as  to  his  special  qualifications  for  that 
work.  (Laws  1877,  ch.  136,  sec.  2.) 

SEC.  535.  Expenses;  Fees;  County  Appropriation.  Section 
7511  of  the  General  Statutes  of  1909  is  hereby  amended  to  read 
as  follows:  Sec.  7511.  To  defray  the  expenses  of  said  institute 
the  county  superintendent  shall  require  the  payment  of  a  reg- 
istration fee  of  one  dollar  for  each  person  attending  the  in- 
stitute and  one  dollar  for  each  person  writing  in  any  examina- 
tion for  a  teacher's  certificate,  and  a  fee  of  one  dollar  for  each 
of  the  following :  renewal  of  any  first  grade  certificate,  the  in- 
dorsement of  any  certificate  issued  in  another  county,  the 
registration  of  normal  training  certificates  and  of  all  certifi- 
cates or  diplomas  issued  by  the  State  Board  of  Education  or  by 

144.  Section  540  of  this  book. 

145.  The  law  does  not  forbid  the  county  superintendent  to  permit  a 
person  who  has  not  been  authorized  by  the  State  Board  of  Education  to 
instruct  in  his  institute,  but  he  can  not  pay  for  said  services  from  the 
public  funds. 

Holders  of  special  institute  certificates  must  confine  their  instruction 
to  the  branches  named  in  said  special  certificates. 

The  county  superintendent  can  conduct  or  instruct  in  his  own  institute 
without  a  certificate,  but  he  can  not  legally  draw  pay  for  such  service. 


182  NORMAL  INSTITUTES.  [CH.  21 

any  of  the  state  normal  schools.  For  the  further  support  of 
such  institute  the  board  of  county  commissioners  shall  ap- 
propriate such  sum  as  they  may  deem  necessary,  not  exceeding 
one  hundred  dollars  in  any  one  year ;  provided,  that  the  county 
commissioners  may  appropriate  in  addition  to  the  amount 
hereinbefore  mentioned  such  sum  as  may  be  necessary  to  meet 
any  deficiency,  not  exceeding  one  hundred  dollars  in  any  one 
year.  (Laws  1915,  ch.  304,  sec.  2.) 

SEC.  536.  County  Treasurer  Custodian  of  Fund.  [7512] 
The  fund  thus  created  shall  be  designated  the  "normal-institute 
fund,"  and  the  county  treasurer  shall  be  the  custodian  of  said 
fund.  (Laws  1877,  ch.  136,  sec.  4.) 

SEC.  537.     County  Superintendent  Shall  Transmit  Funds. 

[7513]  The  county  superintendent  shall,  monthly,  and  at  the 
close  of  each  institute,  transmit  to  the  county  treasurer  all 
moneys  received  by  him,  as  provided  in  section  3,14G  together 
with  the  name  of  each  person  so  contributing,  and  the  amount ; 
and  the  county  treasurer  shall  place  all  such  moneys  to  the 
credit  of  the  "normal-institute  fund."  (Laws  1877,  ch.  136, 
sec.  5.) 

SEC.    538.      Normal-institute    Fund;    State    Appropriation, 

That  section  7514  of  the  General  Statutes  of  Kansas  of  1909 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows : 
Sec.  7514.  It  shall  be  the  duty  of  the  state  superintendent  of 
public  instruction,  annually,  when  twenty-five  persons  have 
registered  as  members  of  any  normal  institute  organized  under 
the  provisions  of  this  act  and  have  paid  the  required  registra- 
tion fee,  to  certify  the  same  to  the  auditor  of  state,  who  shall 
forward  to  the  county  treasurer  of  said  county  an  order  on  the 
treasurer  of  the  state  for  the  sum  of  fifty  dollars,  to  be  paid 
out  of  any  money  appropriated  for  that  purpose ;  which  amount 
the  county  treasurer  shall  place  to  the  credit  of  the  "normal- 
institute  fund";  provided,  that  when  two  or  more  counties 
shall  unite  in  holding  a  normal  institute  in  accordance  with 
the  provisions  of  the  next  succeeding  section,147  and  there  shall 
be  registered  as  members  of  such  institute  a  number  of  per- 
sons which  equals  or  exceeds  the  average  of  twenty-five  for 
each  county  thus  uniting,  that  said  institute  shall  be  entitled 
to  receive  the  sum  of  fifty  dollars  for  each  county  so  united. 
(Laws  1911,  ch.  270,  sec.  1.) 

SEC.  539.  Disbursements.  [7515]  All  disbursements  of 
the  "normal-institute  fund"  shall  be  upon  the  order  of  the 
county  superintendent,  and  no  orders  shall  be  drawn  on  said 
fund  except  for  claims  approved  by  the  county  superintendent, 

146.  Section  635  of  this  book. 

147.  Section  540  of  this  book. 


CH.  21]  NORMAL   INSTITUTES.  183 

for  services  rendered  or  expenses  incurred  in  connection  with 
the  normal  institutes.148   (Laws  1877,  ch.  136,  sec.  7.) 

SEC.  540.  Union  Institutes.  That  section  7516  of  the  Gen- 
eral Statutes  of  Kansas  of  1909  be  and  is  hereby  amended  to 
read  as  follows :  Sec.  7516.  Two  or  more  counties,  each  hav- 
ing less  than  12,000  inhabitants,  may  unite  in  holding  one 
normal  institute,  with  the  consent  and  by  the  direction  of  the 
state  superintendent  of  public  instruction ;  provided,  that  aside 
from  determining  the  time  and  place  of  holding  the  normal 
institute  and  contracting  with  a  conductor  and  instructors  for 
the  same,  the  superintendent  of  the  county  in  which  the  in- 
stitute shall  be  located  shall  be  in  charge  of  the  same  and  di- 
rect and  determine  all  matters  of  details;  and  such  superin- 
tendent shall  draw  all  orders  upon  the  normal-institute  fund 
as  provided  in  the  original  act;  and  provided,  that  the  treasurer 
of  the  county  in  which  such  normal  institute  is  held  shall  be 
the  custodian  of  the  "normal-institute  fund"  to  whom  the 
state  and  county  appropriations  for  the  benefit  of  the  normal 
institute  shall  be  transmitted,  and  to  whom  the  several  county 
superintendents  of  the  counties  thus  uniting  shall  transmit 
the  fees  collected,  as  provided  in  the  original  act ;  and  provid- 
ing further,  that  if  a  surplus  should  exist  after  payment  of  all 
the  expenses  of  the  normal  institute  the  same  shall  be  dis- 
tributed equally  among  the  normal-institute  funds  of  the  coun- 
ties thus  uniting.  (Laws  1911,  ch.  270,  sec.  2.) 

148.  It  is  unlawful  for  the  county  treasurer  to  pay  an  order  on  the 
"normal-institute  fund"  drawn  "for  services  rendered,"  in  favor  of  any 
person  not  holding  the  certificate  of  the  State  Board  of  Education  for 
institute  work. 


184 


NORMAL   TRAINING. 


[CH.  22 


CHAPTER  XXIL— Normal  Training. 


§541.   Normal  courses  in  high  schools. 

542.  State   aid. 

543.  Rules     and     regulations     by     State 

Board  of  Education. 


§544.   Academies  eligible. 

545.  Appropriation  for  normal  training. 

546.  Appropriation     for     agriculture     and 

domestic   science. 


SECTION  541.  Normal  Courses  in  High  Schools.149  [7845] 
That  for  the  purpose  of  affording  increased  facilities  for  the 
professional  training  of  those  preparing  to  teach,  and  par- 
ticularly those  who  are  to  have  charge  of  our  rural  schools, 
the  State  Board  of  Education  shall  make  provisions  for  normal 
courses  of  study  and  for  normal  training  in  such  high  schools 
as  said  Board  of  Education  shall  designate ;  provided,  that  said 
high  schools  shall  be  selected  and  distributed  with  regard  to 
their  usefulness  in  supplying  trained  teachers  for  schools  in 
all  portions  of  the  state  and  with  regard  to  the  number  of 
teachers  required  for  the  schools  in  each  portion  of  the  state. 
(Laws  1909,  ch.  212,  sec.  1.) 

SEC.  542.  State  Aid.  [7846]  Each  high  school  designated 
for  normal  training  and  meeting  the  requirements  of  the  State 
Board  of  Education  shall  receive  state  aid  to  the  amount  of 
five  hundred  dollars  per  school  year,  to  be  paid  in  two  equal 
installments,  on  the  first  day  of  March  and  the  first  day  of 
June  each  year,  from  the  state  treasury,  on  a  voucher  certified 
to  by  its  superintendent  or  principal  and  approved  by  the  state 
superintendent  of  public  instruction ;  provided,  that  no  part  of 
such  money  received  from  the  state  shall  be  used  for  any  other 
purpose  than  to  pay  teachers'  wages;  and  provided  further, 
that  in  case  more  than  one  high  school  in  any  one  county  shall 
establish  a  normal  course  in  accordance  with  the  provisions  of 
this  act  and  shall  be  accredited  by  the  State  Board  of  Educa- 
tion the  total  state  aid  distributed  in  such  counties  shall  not 
exceed  one  thousand  dollars,  and  in  case  there  are  more  than 
two  high  schools  in  any  one  county  designated  and  accredited 
by  the  said  State  Board  of  Education  state  aid  to  an  amount 
not  exceeding  one  thousand  dollars  shall  be  equally  divided 
among  said  schools.  (Laws  1909,  ch.  212,  sec.  2.) 

SEC.  543.  Rules  and  Regulations  by  State  Board  of  Educa- 
tion. [7847]  In  order  that  a  high  school  shall  be  eligible  to 
receive  state  aid  under  this  act  it  shall  have  in  regular  attend- 
ance in  its  normal-training  courses  at  least  ten  students  during 
each  semester,  and  such  normal-training  work  shall  be  given 
under  such  rules  and  regulations  as  the  State  Board  of  Educa- 
tion may  prescribe,  subject  to  the  provisions  of  this  act. 
(Laws  1909,  ch.  212,  sec.  3.) 

149.  For  the  provisions  relating  to  normal  training  teachers'  certifi- 
cates see  section  50  of  this  book. 


CH.  22]  NORMAL  TRAINING.  185 

SEC.  544.  Academies  Eligible.  [7849]  Accredited  acad- 
emies are  eligible  to  the  operation  of  this  act,  except  as  to 
receiving  state  aid.  (Laws  1909,  ch.  212,  sec.  5.) 

SEC.  545.  Appropriation  for  Normal  Training.  There  is 
hereby  appropriated  for  normal  training  courses  in  high 
schools  seventy-five  thousand  dollars  ($75,000)  for  the  year 

1916,  and  seventy-five  thousand  dollars  ($75,000)  for  the  year 

1917,  or  so  much  thereof  as  may  be  necessary  to  carry  out  the 
provisions  of  the  normal  training  act  of  1909,  being  chapter 
212  thereof,  also  provisions  of  the  normal  training  act  of  1911, 
being  chapter  24  thereof,  and  the  rules  and  regulation  of  the 
State  Board  of  Education  made  in  accordance  therewith ;  pro- 
vided, no  high  schools  situated  in  the  cities  having  state  normal 
schools  shall  receive  such  aid.     (Laws  1915,  ch.  54,  sec.  1.) 

SEC.  546.  Appropriation  for  Agriculture  and  Domestic 
Science.  There  is  hereby  appropriated  for  the  year  1916, 
sixty  thousand  dollars  ($60,000)  and  for  the  year  1917,  sixty 
thousand  dollars  ($60,000)  to  be  expended  as  follows,  and  to 
be  distributed  in  the  same  manner  as  is  provided  for  the  dis- 
tribution of  the  state  aid  for  normal  training  courses:  Any 
high  schools  that  now  maintain  a  normal  training  course  under 
the  provisions  of  chapter  212  of  the  Session  Laws  of  1909  and 
the  24th  chapter  of  the  Session  Laws  of  1911,  or  that  shall  put 
into  operation  such  normal  training  course,  shall  be  entitled 
to  the  sum  of  five  hundred  ($500)  dollars  per  annum;  pro- 
vided, that  such  schools  shall  also  maintain  courses  in  the  ele- 
ments of  agriculture  and  domestic  science  under  such  provi- 
sions and  regulations  as  may  be  established  by  the  State  Board 
of  Education ;  and  provided  further,  that  no  such  school  shall 
be  eligible  to  the  five  hundred  ($500)  dollars  annual  state  aid, 
or  any  part  thereof,  that  shall  not  have  at  least  ten  pupils  en- 
rolled in  such  industrial  courses  each  semester ;  provided,  that 
the  money  appropriated  for  the  purposes  of  this  act  shall  not 
be  used  to  pay  the  salary  and  traveling  expenses  of  high  school 
inspection;  provided,  that  application  for  apportionment 
herein  shall  be  made  not  later  than  May  1  of  each  year;  and 
provided  further,  that  no  apportionment  shall  be  made,  until 
all  schools  eligible  to  receive  aid  under  this  act  are  listed,  and 
if  the  amount  of  money  appropriated  under  this  act  is  not 
sufficient  to  meet  the  requirements  as  provided  by  law,  then 
said  distribution  shall  be  prorated  among  all  the  high  schools 
of  the  state,  making  application  therefor  and  being  eligible  to 
the  appropriation  provided  for  in  this  act.  (Laws  1915,  ch. 
54,  sec.  2.) 


186  PATRIOTIC   INSTRUCTION.  [CH.  23 


CHAPTER  XXIIL— Patriotic  Instruction. 

§547.  Display  of  flag.  I    §549.  Duty  of  state  superintendent. 

548.  Rules  and  regulations.  |      550.  Patriotic  exercises. 

SECTION  547.  Display  of  Flag.  [7748]  It  shall  be  the  duty 
of  the  school  authorities  of  every  public  school  in  the  several 
cities,  towns,  villages  and  school  districts  of  this  state  to  pur- 
chase a  suitable  United  States  flag,  flagstaff,  and  the  necessary 
appliances  therefor,  and  to  display  such  flag  upon,  near  or  in 
the  public-school  building  during  school  hours  and  at  such 
other  times  as  such  school  authorities  may  direct.  (Laws 
1907,  ch.  319,  sec.  1.) 

SEC.  548.  Rules  and  Regulations.  [7749]  The  said  school 
authorities  shall  establish  rules  and  regulations  for  the  proper 
custody,  care  and  display  of  the  flag,  and,  when  the  weather 
will  not  permit  it  to  be  otherwise  displayed,  it  shall  be  placed 
conspicuously  in  the  principal  room  of  the  schoolhouse.  (Laws 
1907,  ch.  319,  sec.  2.) 

SEC.  549.  Duty  of  State  Superintendent.  [7750]  It  shall 
be  the  duty  of  the  state  superintendent  of  public  instruction 
of  this  state  to  prepare  for  the  use  of  the  public  schools  of  the 
state  a  program  providing  for  a  salute  to  the  flag  at  the  open- 
ing of  each  day  of  school,  and  such  other  patriotic  exercises  as 
may  be  deemed  by  him  to  be  expedient,  under  such  regulations 
and  instructions  as  may  best  meet  the  varied  requirements  of 
the  different  grades  in  such  schools.  It  shall  also  be  his  duty  to 
make  special  provision  for  the  observance  of  [in]  such  public 
schools  of  Lincoln's  birthday,  Washington's  birthday,  Me- 
morial day  (May  30),  and  Flag  day  (June  14),  and  such  other 
legal  holidays  of  like  character  as  may  be  hereafter  designated 
by  law.  (Laws  1907,  ch.  319,  sec.  3.) 

SEC.  550.  Patriotic  Exercises.  [7751]  The  state  superin- 
tendent of  public  instruction  is  hereby  authorized  and  di- 
rected to  procure  and  provide  the  necessary  and  appropriate 
instructions  for  developing  and  encouraging  such  patriotic  ex- 
ercises in  the  public  schools,  and  the  state  printer  is  hereby 
authorized  and  directed  to  do  such  printing  and  binding  as 
may  become  necessary  for  the  efficient  and  faithful  carrying 
out  of  the  purposes  of  this  act.  (Laws  1907,  ch.  319,  sec.  4.) 


CH.  24] 


RETIREMENT  FUND. 


187 


CHAPTER  XXIV.— Retirement  Fund. 


ex- 


§555.  Refund  or  transfer  of  funds. 

556.  Term  "teacher"  denned. 

557.  Duty  of  treasurer. 

558.  Exemption. 

559.  Rules  and  regulations. 


§•551.  Creation  and  maintenance. 

552.  Disbursement. 

553.  Retirement    with    thirty    years' 

perience. 

554.  Retirement   on   account   of   disability 

or  incapacity. 

SECTION  551.  Creation  and  Maintenance.  In  any  city  of  the 
first  class  in  the  state  of  Kansas  there  may  be  created  by  the 
board  of  education  of  such  city  a  public-school  teachers'  retire- 
ment fund,  which  fund,  when  created,  and  the  management 
and  disbursement  thereof,  shall  be  under  the  control  of  the 
board  of  education  of  such  city.  Such  retirement  fund  shall 
be  created  and  maintained  in  the  following  manner:  First 
by  an  assessment  of  not  less  than  one  per  cent  nor  more  than 
one  and  one-half  per  cent  of  every  installment  of  salary  paid 
to  a  teacher  employed  in  such  city ;  second,  by  the  setting  aside 
from  the  general  fund  for  the  support  of  the  schools  in  such 
city,  of  an  amount  which  shall  be  not  less  than  one  and  one- 
half  times  the  amount  of  salary  assessments,  and  not  less  than 
the  amount  necessary  to  meet  the  payments  herein  provided 
for ;  third,  by  the  receipt,  by  the  gift  or  otherwise  of  any  real, 
personal  or  mixed  property  or  any  interest  therein.  (Laws 
1911,  ch.  280,  sec.  1.) 

SEC.  552.  Disbursement.  Such  a  retirement  fund  when 
thus  created  and  maintained,  or  so  much  thereof  as  shall  be 
necessary,  shall  be  disbursed  in  the  manner  hereinafter  set 
forth ;  and  any  surplus  of  fund  not  needed  for  immediate  dis- 
bursement may  be  invested  by  the  board  of  education  of  such 
city,  acting  as  trustees  of  such  fund,  in  any  bonds  approved 
by  the  State  School-fund  Commission.  (Laws  1911,  ch.  280, 
sec.  2.) 

SEC.  553.    Retirement  with  Thirty  Years'  Experience.    Any 

teacher  who  has  been  credited  under  the  rules  and  regulations 
of  such  board  of  education  with  an  aggregate  of  thirty  years 
of  teaching  experience  may  be  retired  by  such  board  of  educa- 
tion. Any  teacher  so  retired  under  the  foregoing  provision 
of  this  section,  provided  that  at  least  fifteen  years  of  such 
accredited  teaching  experience  shall  have  been  in  the  public 
schools  of  such  cities  of  the  first  class,  shall  be  entitled  to  re- 
ceive from  such  retirement  fund,  so  long  as  such  teacher  may 
live,  equal  monthly  payments,  which  shall  aggregate  $500  per 
annum;  provided,  however,  that  no  one  shall  receive  such 
pension  without  paying  into  the  fund  therefor,  by  way  of  as- 
sessment or  otherwise,  not  less  than  one-half  of  the  amount 
of  the  first  annual  pension  to  which  such  person  shall  be  en- 
titled. And  in  order  to  make  up  such  one-half  the  board  of 


188  RETIREMENT   FUND.  [CH.  24 

education  may  provide  for  any  deficiency  by  deducting  the 
necessary  amount  from  the  first  year's  pension  payments  in 
equal  amounts  each  month.  (Laws  1911,  ch.  280,  sec.  3.) 

SEC.'  554.  Retirement  on  Account  of  Disability  or  Inca- 
pacity. Any  teacher  who  has  been  credited  under  the  rules 
and  regulations  of  such  board  of  education  with  an  aggregate 
of  twenty-five  or  more  years  of  teaching  experience  may  be 
retired  by  such  board  of  education  on  account  of  disability  or 
incapacity,  physical  or  otherwise.  Any  teacher  so  retired, 
provided  that  at  least  fifteen  years  of  such  accredited  teaching 
experience  shall  have  been  in  the  public  schools  of  cities  of  the 
first  class,  shall  be  entitled  to  receive  from  such  retirement 
fund,  during  the  period  of  retirement,  monthly  installments, 
the  annual  aggregate  of  which  shall  be  such  percentage  of  $500 
as  the  number  of  years  of  such  accredited  teaching  experience 
.of  the  beneficiary  shall  bear  to  the  term  of  thirty  years.  Any 
teacher  so  retired  may,  at  the  discretion  of  the  board  of  educa- 
tion, should  such  teacher's  incapacity  or  disability  be  removed, 
be  reinstated  as  a  teacher,  and  any  right  to  any  payments  from 
this  fund  until  such  teacher  again  be  retired  shall  cease  with 
such  reinstatement.  And  shall  any  teacher  be  so  reinstated  the 
years  of  such  retirement  shall  be  included  in  arriving  at  the 
term  of  service  when  such  teacher  may  again  be  retired,  but 
no  credit  for  such  years  of  retirement  shall  be  given  in  arriv- 
ing at  the  amount  such  teacher  shall  be  entitled  to  receive  from 
the  retirement  fund.  (Laws  1911,  ch.  280,  sec.  4.) 

SEC.  555.  Refund  or  Transfer  of  Funds.  If  at  any  time  a 
teacher  who  is  willing  to  continue  is  not  reemployed  or  is  dis- 
charged before  the  time  when  he  or  she  would  under  the  pro- 
visions of  this  act  be  entitled  to  a  pension,  then  such  teacher 
shall  be  paid  back  at  once  the  money  he  or  she  may  have  con- 
tributed under  this  act.  Should  a  teacher  duly  accredited  in 
a  city  of  the  first  class  accept  service  in  the  public  schools  of 
any  other  city  of  the  first  class,  a  sum  equivalent  to  all  pay- 
ments made  by  such  teacher  into  the  retirement  fund  shall  be 
transferred  to  the  retirement  fund  of  the  city  in  which  such 
service  is  accepted.  Any  teacher  who  shall  retire  voluntarily 
from  the  service  shall  receive  a  refund  of  one-half  of  the  money 
he  or  she  shall  have  contributed  under  this  act.  And  should 
any  teacher  die  before  receiving  any  of  the  benefits  or  pen- 
sions by  this  act  provided  the  board  of  education  shall  pay  to 
such  teacher's  heirs  or  estate  one-half  of  the  amount,  without 
interest,  which  shall  have  been  paid  into  such  pension  fund  by 
said  teacher.  (Laws  1911,  ch.  280,  sec.  5.) 

SEC.  556.  Term  "Teacher"  Defined.  In  construing  this  act, 
the  word  "teacher"  shall  include  all  members  of  the  teaching 
staff  employed  by  the  board  of  education  of  such  city,  which 
shall  include  superintendents,  supervisors,  and  assistants  to 
the  superintendent  of  instruction,  principals,  and  teachers. 
(Laws  1911,  ch.  280,  sec.  6.) 


CH.  24]  RETIREMENT  FUND.  189 

SEC.  557.  Duty  of  Treasurer.  It  is  hereby  made  the  duty 
of  the  treasurer  of  such  city  to  keep  any  fund  arising  under 
the  provisions  of  this  act  as  a  separate  fund,  and  to  disburse 
the  same  in  accordance  with  the  instructions  and  orders  of  the 
board  of  education  of  such  city.  (Laws  1911,  ch.  280,  sec.  7.) 

SEC.  558.  Exemption.  After  said  retirement  fund  shall  be 
created  by  said  board  of  education  of  such  city,  the  salary  of 
any  teacher  regularly  employed  by  such  city  shall  be  exempt 
from  the  provisions  of  this  act,  provided  such  teacher  shall 
make  a  request  in  writing  for  such  exemption  and  file  the  same 
with  the  board  of  education  of  such  city  within  one  month  after 
such  teacher  shall  enter  upon  such  regular  employment  as  a 
teacher,  and  such  request,  when  filed  with  the  board  of  educa- 
tion of  such  city,  shall  constitute  a  waiver  and  a  bar  to  the 
receipt  of  any  benefits  from  the  retirement  fund  herein  pro- 
vided for.  (Laws  1911,  ch.  280,  sec.  8.) 

SEC.  559.  Rules  and  Regulations.  The  board  of  education 
shall  have  power  to  adopt  rules  and  regulations  for  the  carry- 
ing out  of  the  purposes  of  this  act  not  in  conflict  therewith. 
(Laws  1911,  ch.  280,  sec.  9.) 


190 


SCHOOL-FUND   COMMISSIONERS. 


[CH.  25 


CHAPTER  XXV.— School-fund  Commissioners. 


§579.   State    and   county   superintendent   to 
give  notice  of  unclaimed  estates. 

580.  Probate  judge  to  give  notice. 

581.  County  attorney  to  investigate. 

582.  Expense  of  inquiry. 

583.  Unlawful  to  act  as  private  attorney. 

584.  Duty  of  attorney-general. 

585.  All    bonds    belonging    to    state    per- 

manent school  fund  shall  be  con- 
solidated. 

586.  Consolidated    bonds    shall    be    regis- 

tered. 

587.  Registration    of    bonds    belonging    to 

school  fund. 

588.  Registration  of  bonds  purchased. 

589.  State    treasurer's    statement    to    state 

auditor. 

590.  Cancellation  of  bonds  paid. 

591.  Comparison     of     registers     kept     by 

auditor   and  treasurer. 

592.  Penalty     for     delinquency     of     state 

treasurer. 

593.  Exchange  of  bonds. 

594.  How     funding     bonds      are     to     be 

stamped. 

595.  Record  of  proceedings. 


§560.   Board  of  school-fund  commissioners, 
how  composed  and  organized. 

561.  Meetings. 

562.  Record  of  school-fund  commissioners. 

563.  Register  of  bonds  offered  and  bought. 

564.  Investment    of  .funds. 

565.  Quorum. 

566.  Record  of  the  condition  of  funds. 

567.  Where  the  records  shall  be  kept. 

568.  Orders  to  be  drawn  in  payment  for 

bonds  purchased. 

569.  The    state    treasurer    shall    be    cus- 

todian. 

570.  Separate  accounts. 

571.  The  commissioners  shall  collect  mon- 

eys due  different  funds. 

572.  Must  offer  bonds  to  commission. 

573.  May  purchase  at  lower  interest. 

574.  Office  of  loan  commissioner  of  State 

Agricultural  College  abolished. 

575.  Compensation  of  board. 

576.  Where  person  dies  without  heir  and 

will,    county    superintendent    may 
file  petition  in  probate  court. 

577.  Probate  court  to  order  sale  of  estate 

described  in  petition. 

578.  Proceeds  of  sale  paid  through  county 

treasurer     into     state    permanent 
school  fund. 

SECTION  560.  School-fund  Commissioners.  [8939]  The 
state  superintendent  of  public  instruction,  secretary  of  state 
and  attorney-general  shall  constitute  a  board  of  commissioners 
for  the  management  and  investment  of  the  state  permanent 
school,  State  Normal  School  and  State  University  funds.  Such 
board  shall  be  organized  as  follows:  The  secretary  of  state 
shall  be  the  president  of  such  board,  and  the  state  superintend- 
ent of  public  instruction  shall  be  the  secretary  thereof.  In 
the  absence  of  either  of  said  officers,  the  attorney-general  shall 
act  as  president,  or  as  secretary,  as  the  case  may  require.  Such 
commissioners,  when  acting  as  such,  must  act  personally.  No 
member  thereof  can  be  represented  in  such  board  by  any  as- 
sistant or  clerk  in  the  office  of  which  such  member  is  the  chief 
officer.  (Laws  1879,  ch.  166,  sec.  113.) 

SEC.  561.  Meetings.  [8940]  Such  board  of  commissioners 
shall  meet  regularly  in  the  office  of  the  state  superintendent  of 
public  instruction,  on  the  last  Saturday  of  each  month,  at  ten 
o'clock  a.  m.  Special  meetings  of  the  board  may  be  held  at  any 
time  at  the  call  of  any  member.  (Laws  1879,  ch.  166,  sec.  114.) 

SEC.  562.  Records.  [8941]  Said  commissioners  shall  keep 
in  a  suitable  book  a  full  and  correct  record  of  all  their  pro- 
ceedings at  every  session  of  the  board,  which  shall  include  all 
of  the  matters  required  to  be  recorded  as  hereinafter  specified 
in  this  act,  and  which  record,  at  the  close  of  each  session,  shall 
be  signed  by  the  president  and  secretary.  (Laws  1905,  ch.  472, 
sec.  1.) 


CH.  25]  SCHOOL-FUND  COMMISSIONERS.  191 

SEC.  563.  Register  of  Bonds  Offered  and  Bought.  [8942] 
They  shall  also  keep  such  other  books  as  may  be  necessary  to 
properly  register  and  describe  all  bonds  offered  to  them  and 
all  bonds  bought  by  them  for  the  benefit  of  the  permanent 
school,  State  Agricultural,  State  Normal  and  State  University 
funds,  or  either.  Such  record-books  shall  be  ruled  so  as  to  en- 
able the  board  to  register  the  name  and  residence  of  the  person 
offering  to  sell  any  such  bonds,  the  price  at  which  bonds  were 
offered,  the  name  and  residence  or  location  of  the  owner  or 
municipal  corporation  for  whom  such  offer  is  made,  and  a  full 
detailed  description  of  every  bond  so  offered,  including  the 
date,  number,  series,  amount  and  rate  of  interest  of  each  bond, 
and  when  the  interest  and  principal,  respectively,  are  payable, 
and  the  date,  amount  and  number  of  each  coupon,  and  when 
payable,  the  name,  residence  and  post-office  address  of  the 
owner,  the  name,  residence  and  post-office  address  of  the  agent 
or  attorney  representing  the  owner  of  such  bonds,  what  dis- 
position the  owner  of  the  bonds  claims  has  been  made  of  the 
missing  coupons,  if  any;  and  upon  the  presentation  of  any 
bond  or  bonds  for  the  purchase  by  the  School-fund  Commis- 
sion, such  bond  or  bonds,  together  with  the  record  of  the  pro- 
ceedings connected  with  the  issuance  of  such  bond  or  bonds, 
shall  first  be  submitted  to  the  attorney-general  for  his  opinion 
as  to  the  validity  thereof.  It  shall  be  the  duty  of  the  attorney- 
general  to  immediately  examine  such  bond  or  bonds  and  pro- 
ceedings, and  report  thereon  in  writing  to  the  School-fund 
Commission  as  to  their  validity.  Upon  receipt  of  such  opinion, 
and  before  the  board  shall  act  upon  the  question  of  purchasing 
such  bond  or  bonds,  if  the  attorney-general  approves  them  as 
valid,  then  the  record  hereinbefore  provided  for  shall  be  made, 
and  such  record  shall  include  the  opinion  of  the  attorney-gen- 
eral as  to  the  validity  thereof.  (Laws  1905,  ch.  472,  sec.  2.) 

SEC.  564.  Investment  of  Funds.  [8943]  Said  board  of 
commissioners  shall  have  the  power,  and  it  is  hereby  made 
their  duty,  from  time  to  time,  to  invest  any  moneys  belonging 
to  the  permanent  school  fund,  State  Agricultural  College,  State 
Normal  and  State  University  funds  in  the  bonds  of  the  United 
States,  or  bonds  of  the  state  of  Kansas,  or  bonds  of  any  mu- 
nicipality of  the  state  of  Kansas,  school-district  bonds,  bonds  of 
boards  of  education,  and  in  the  warrants  issued  by  the  auditor 
of  state  on  the  state  treasurer  and  by  him  stamped  "Not  paid 
for  want  of  funds."  In  making  such  investment,  they  shall  not 
pay  for  any  such  bonds  or  warrants  any  greater  sum  than  par, 
nor  more  than  the  actual  market  price  thereof  at  the  time  of 
purchasing  the  same,  less  than  par;  and  whenever  any  mu- 
nicipality of  the  state  of  Kansas  shall  offer  its  bonds  for  sale 
the  State  School-fund  Commissioners  shall  have  the  power  to 
buy  the  same,  if  the  validity  thereof  shall  have  been  approved 
by  the  attorney-general ;  provided,  that  the  commissioners  shall 
not  invest  in  any  other  bonds  which,  together  with  other  out- 


192  SCHOOL-FUND  COMMISSIONERS.  [CH.  25 

standing  bonded  indebtedness,  shall  exceed  fifteen  per  cent  of 
the  assessed  valuation  of  said  municipality  as  returned  and 
fixed  by  such  municipality.  (Laws  1905,  ch.  472,  sec.  3.) 

SEC.  565.  Quorum.  [8944]  Any  two  members  of  said 
board  shall  constitute  a  quorum.  But  such  board  shall  not 
purchase  any  school-district  bond  or  bonds  except  at  a  legal 
session  thereof,  nor  unless  every  member  of  the  board  is  noti- 
fied in  time  to  be  present  at  such  meeting,  and  notified  also 
that  the  question  of  purchasing  such  bonds  is  to  be  considered 
thereat,  designating  the  bonds.  (Laws  1879,  ch.  166,  sec.  118.) 

SEC.  566.  Record  of  Funds.  [8945]  Said  commissioners 
shall  keep  a  record  showing  a  detailed  statement  of  the  condi- 
tion of  the  state  permanent  school  fund,  State  Agricultural, 
State  Normal  and  State  University  funds  under  their  control, 
amount  of  each  fund,  how  invested,  when  due,  interest  paid, 
and  every  other  act  in  any  manner  connected  with  the  manage- 
ment and  investment  of  said  funds ;  and  the  state  superintend- 
ent of  public  instruction  shall  biennially  report  all  such  in- 
vestments to  the  governor,  to  be  laid  before  the  legislature,  and 
shall  also  cause  to  be  published  at  the  end  of  each  quarter  of 
the  calendar  year,  in  the  official  state  paper,  a  statement  of  the 
amount  of  each  of  such  funds  then  on  hand,  the  amount  of 
each  fund  invested  during  this  quarter,  and  a  full  descrip- 
tion of  the  said  bonds  bought  for  each  fund,  date  of  such 
bonds,  amount,  rate  of  interest,  when  payable,  number  of 
coupons  attached  when  bought,  from  whom  purchased,  and 
the  price  or  rate  paid  therefor.  (Laws  1905,  ch.  472,  sec.  4.) 

SEC.  567.  Where  Records  Shall  be  Kept.  [8946]  All  the 
record-books  and  records  of  such  board  shall  be  kept  in  the 
office  of  the  state  superintendent  of  public  instruction,  but  the 
same  shall  be  open  during  office  hours  for  the  inspection  of 
every  citizen  of  the  state  of  Kansas.  (Laws  1905,  ch.  472, 
sec.  5.) 

SEC.  568.  Orders  Drawn.  [8947]  In  the  investment  of  the 
state  permanent  school,  State  Agricultural,  State  Normal  and 
State  University  funds,  the  commissioners  are  hereby  author- 
ized to  draw  their  orders  on  the  state  treasurer,  payable  out  of 
the  fund  invested,  for  the  purchase-price  of  the  bond,  bonds, 
or  warrants,  which  orders,  previous  to  their  delivery,  shall  be 
registered  in  the  state  treasurer's  office  in  a  book  provided  for 
that  purpose.  Such  orders  shall  not  be  drawn  until  the  bonds 
purchased  for  which  the  order  is  drawn  shall  have  been  de- 
livered to  the  state  auditor  for  record  and  stamped  as  herein 
provided.  Immediately  upon  the  receipt  of  such  bonds,  the 
state  auditor  shall  cause  each  bond  and  coupon  to  be  plainly 

stamped  upon  the  back  thereof,  "Property  of  the  state — 

fund,  nonnegotiable  and  nontransferable,"  with  the  name  of 
the  fund  for  which  such  bond  is  purchased.    He  will  also  cause 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  193 

to  be  made  in  a  book  kept  for  that  purpose  a  record  of  each  of 
such  bonds  and  each  coupon  thereto  attached,  which  record 
shall  sho.w  amount,  date  and  rate  of  interest  of  such  bond, 
when  and  where  payable,  the  date,  amount  and  number  of  each 
coupon  and  when  payable.  Whenever  any  bond  or  coupon  shall 
have  been  paid,  and  one  of  the  duplicate  receipts  therefor, 
issued  by  the  state  treasurer,  shall  have  been  received  by  the 
auditor  of  state,  he  shall  credit  such  bond  or  coupon  and  charge 
the  state  treasurer  with  the  amount  so  received.  Semian- 
nually,  on  the  1st  day  of  March  and  September  of  each  year, 
the  state  auditor  shall  compare  said  record  with  the  similar 
record  herewith  required  to  be  kept  by  the  state  treasurer  and 
verify  the  same.  (Laws  1905,  ch.  472,  sec.  6.) 

SEC.  569.  State  Treasurer  Shall  be  Custodian.  [8948]  All 
moneys  belonging  to  the  state  permanent  school,  State  Agri- 
cultural, State  Normal  and  State  University  funds  shall  be 
paid  to  and  held  by  the  state  treasurer,  and  shall  be  subject  to 
the  order  of  the  Board  of  School-fund  Commissioners.  The 
state  treasurer  shall  also  be  the  custodian  of  all  bonds,  notes, 
mortgages  and  evidences  of  debt  arising  out  of  the  manage- 
ment and  investment  of  the  state  permanent  school,  State 
Agricultural,  State  Normal  and  State  University  funds  by  said 
board  of  commissioners.  Immediately  upon  the  receipt  by  the 
state  treasurer  from  the  auditor  of  state  of  any  bond,  coupon 
or  warrant  stamped  as  herein  required  and  purchased  by  the 
State  School-fund  [Commissioners]  for  any  of  the  said  funds, 
it  shall  be  the  duty  of  the  state  treasurer  to  immediately  cause 
to  be  recorded,  in  a  book  to  be  kept  for  that  purpose,  a  detailed 
description  of  such  bond,  coupon,  or  warrant,  showing  the 
date  thereof,  amount,  when  payable,  rate  of  interest,  number, 
by  whom  issued,  where  payable,  and  shall  give  to  the  auditor 
of  state  his  receipt  therefor.  Whenever  any  such  bond,  coupon 
or  warrant  is  paid,  the  state  treasurer  shall  credit  upon  such 
record  the  amount  of  such  payment  and  charge  himself  with 
the  money,  and  shall  issue  his  receipt  for  said  sum  in  dupli- 
cate, one  copy  of  which  shall  be  transmitted  to  the  auditor  of 
state.  (Laws  1905,  ch.  472,  sec.  7.) 

SEC.  570.  Separate  Account.  [7724]  He  shall  keep  in  a 
separate  book  an  account  of  all  school  moneys  received  by  him, 
distinguishing  between  the  perpetual  fund  and  the  annual  fund 
for  disbursement,  and  shall  report  to  the  state  superintendent 
on  the  1st  day  of  February  and  1st  day  of  August  of  each  year 
the  amount  of  money  in  his  hands  belonging  to  the  permanent 
school  fund  and  subject  to  investments,  and  on  the  1st  day  of 
March  and  on  the  25th  day  of  July  of  each  year  the  state  treas- 
urer shall  report  to  the  superintendent  of  public  instruction 
the  amount  of  money  in  the  treasury  belonging  to  the  annual 
—13 


194  SCHOOL-FUND   COMMISSIONERS.  [CH.  25 

school  fund  and  subject  to  disbursement  on  the  semiannual 
dividends.     (Laws  1876,  ch.  122,  art.  16,  sec.  3.) 

SEC.  571.  Collection  of  Moneys.  [8949]  It  shall  be  the 
duty  of  said  board  of  commissioners,  from  time  to  time,  as  soon 
as  may  be  practicable,  to  collect  all  moneys  due  and  owing  to 
the  state  permanent  school,  State  Agricultural,  State  Normal 
and  State  University  funds,  and  make  investments  of  the  same 
as  herein  required.  If  any  such  moneys  shall  remain  unpaid 
for  thirty  days  after  the  same  become  due  and  payable,  the 
commissioners  shall  notify  the  attorney-general  of  that  fact, 
and  it  shall  then  be  his  duty  to  then  proceed  to  collect  the  same 
by  civil  action,  to  be  brought  and  prosecuted  in  the  name  of  the 
state.  (Laws  1905,  ch.  472,  sec.  8.) 

SEC.  572.  Must  Offer  Bonds  to  Board.  [8950]  That  the 
several  municipal  officers  who  have  charge  of  the  sale  of  any 
bonds  hereafter  to  be  issued,  which  the  board  of  commissioners 
of  the  state  permanent  school  fund  are  authorized  to  purchase 
under  the  law,  are  hereby  directed  to  sell  such  bonds  to  said 
board  of  commissioners  of  the  state  permanent  school  fund, 
if  it  will  pay  par  for  the  same;  and  it  shall  be  unlawful  for 
any  such  municipal  boards,  members  thereof  or  other  mu- 
nicipal officers  to  sell  any  such  bonds  without  having  first 
offered  such  bonds  to  said  board  of  commissioners  of  the  state 
permanent  school  fund ;  and  every  municipal  board  or  member 
thereof,  or  other  municipal  officer,  who  shall  sell  any  such 
bonds  to  any  other  person  at  any  price,  without  having  first 
given  the  board  of  commissioners  of  the  state  permanent 
school  fund  an  opportunity  to  purchase  same,  as  hereinbefore 
provided,  and  every  other  officer  violating  the  provisions  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  $500,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months, 
and  shall  forfeit  his  office.  (Laws  1905,  ch.  472,  sec.  9.) 

SEC.  573.  May  Purchase  at  Lower  Interest.  [8951]  Said 
School-fund  Commissioners  may  in  their  discretion  agree  with 
the  parties  offering  bonds  to  take  such  bonds  at  par  at  a  lower 
rate  of  interest  than,  the  interest  stipulated  in  the  bonds  and 
coupons  thereto  attached.  In  case  any  such  bonds  so  pur- 
chased by  said  board  of  commissioners  provide  for  a  higher 
rate  of  interest  than  the  rate  of  interest  at  which  they  are 
purchased  by  said  board,  the  rate  at  which  they  are  purchased 
shall  be  distinctly  noted  upon  such  bonds  and  the  coupons 
thereto  attached,  and  the  amount  of  such  coupons  shall  be 
reduced  accordingly,  and  the  same  notation  shall  be  made  on 
the  record  of  such  bonds  kept  in  the  office  of  such  board. 
(Laws  1905,  ch.  472,  sec.  10.) 

SEC.  574.  Office  of  Loan  Commissioner  Abolished.  [8952] 
The  loan  commissioner  for  the  board  of  regents  of  the  State 


CH.  25]  SCHOOL-FUND  COMMISSIONERS.  195 

Agricultural  College  shall,  immediately  upon  the  taking  effect 
of  this  act,  deliver  to  the  state  treasurer  all  moneys,  evidences 
of  indebtedness,  securities,  books  and  records  belonging  or 
appertaining  to  the  State  Agricultural  College  fund,  and  shall 
take  the  receipt  of  the  treasurer  therefor.  All  moneys  belong- 
ing to  said  funds  and  so  delivered  to  the  state  treasurer  shall 
become  subject  to  the  provisions  of  this  act.  It  shall  be  the 
duty  of  the  said  board  of  regents  and  the  state  accountant, 
immediately  upon  the  taking  effect  of  this  act,  to  make  final 
settlement  with  the  loan  commissioner,  to  close  the  accounts 
thereof  with  said  loan  commissioner,  and  the  office  of  said 
loan  commissioner  is  hereby  abolished.  (Laws  1905,  ch.  472, 
sec.  11.) 

SEC.  575.  Compensation.  [7697]  Said  board  of  commis- 
sioners shall  receive  such  pay  for  their  services  as  may  be 
prescribed  by  law.  (Laws  1876,  ch.  122,  art.  15,  sec.  6.) 

SEC.  576.  Unclaimed  Estates.  [7699]  In  all  cases  where 
persons  die  without  heirs,  and  intestate,  it  shall  be  lawful  for 
the  superintendent  of  public  instruction  of  the  county  where 
any  land  lies,  belonging  to  the  estate  of  such  person  dying 
without  heir  and  will,  after  a  lapse  of  three  years  from  the 
date  of  letters  of  administration  upon  such  estate,  to  file  a 
petition  in  the  probate  court  of  the  county  granting  such  let- 
ters, setting  forth  in  said  petition  (1)  that  such  deceased  per- 
son died  without  heirs,  and  intestate;  (2)  that  three  years 
have  elapsed  since  the  date  of  letters  of  administration;  (3) 
a  description  of  the  real  estate;  (4)  that  no  debts  remain 
unpaid  of  this  estate  not  barred  by  the  statute  of  limitation. 
Such  petition  shall  be  verified  by  the  affidavit  of  the  county 
superintendent  of  public  instruction,  or  by  some  person  who 
has  knowledge  of  the  fact.  (Laws  1876,  ch.  122,  art.  15, 
sec.  8.) 

'  SEC.  577.  Sale  of  Real  Estate.  [7700]  It  shall  be  the 
duty  of  the  probate  court,  on  the  filing  of  the  petition  men- 
tioned in  the  preceding  section,  and  being  satisfied  that  the 
facts  stated  in  said  petition  are  true,  to  issue  an  order  to  the 
administrator  to  sell  the  real  estate  described  in  such  petition, 
in  the  same  manner  as  real  estate  is  sold  by  administrators 
for  the  payment  of  debts  due  from  deceased  persons;  and 
the  same  proceedings  shall  be  had  in  confirming  the  sale  and 
the  execution  of  the  deed  by  the  administrator  as  are  provided 
by  law  for  the  sale  of  real  estate  for  the  payment  of  the  debts 
of  any  deceased  person.  (Laws  1876,  ch.  122,  art.  15,  sec.  9.) 

SEC  578.  Proceeds  of  Sale.  [7701]  It  shall  be  the  duty  of 
the  administrator,  after  the  payment  of  the  costs  of  said  peti- 
tion and  making  said  sale  and  six  per  cent  commission  to 
such  administrator,  to  pay  the  county  treasurer  of  the  county 
where  the  land  is  situated  the  remainder  of  the  purchase- 


196  SCHOOL-FUND   COMMISSIONERS.  [CH.  25 

money  for  the  benefit  of  the  common  schools  of  the  state,  and 
shall  take  duplicate  receipts  therefor;  and  it  shall  be  his  duty 
to  file  one  of  such  duplicates  with  the  probate  court  of  the 
proper  county.  If,  at  any  time  within  twenty-one  years  after 
the  date  of  payment  of  said  money  to  the  county  treasurer, 
any  person  shall  appear  and  claim  said  money  as  the  rightful 
heir  to  said  estate,  and  shall  prove  heirship  satisfactory  to 
the  probate  court,  the  judge  of  said  court  shall  so  certify,  and 
the  state  treasurer  shall  pay  over  to  such  claimant  the  sum 
so  received  from  the  county  treasurer  from  such  estate.  (Laws 
1876,  ch.  122,  art.  15,  sec.  10.) 

SEC.  579.  State  and  County  Superintendents  to  Give  Notice 
of  Unclaimed  Estates.  That  it  shall  be  the  duty  of  the  state 
superintendent  of  public  instruction  and  the  county  superin- 
tendent of  public  instruction  whenever  they,  or  either  of  them, 
have  notice  or  knowledge  of  the  existence  of  an  estate  of  a 
person  who  has  died  without  heir  or  bona  fide  will  to  notify 
the  county  attorney  of  the  county  in  which  the  estate  or  any 
part  of  it  is  located,  and  to  notify  the  attorney-general  in  like 
manner.  (Laws  1913,  ch.  273,  sec.  1.) 

SEC.  580.  Probate  Judge  to  Give  Notice.  Whenever  it  shall 
come  to  the  notice  of  the  probate  judge  that  an  estate  of  a 
deceased  person  is  being  administered  under  the  supervision  of 
his  court,  and  the  heirs  or  devisees,  or  pretended  heirs  or  pre- 
tended devisees,  are  unknown  to  the  probate  judge  it  shall  be 
the  duty  of  such  probate  judge  to  notify  the  county  attorney  of 
the  fact  of  such  administration  and  to  notify  the  attorney- 
general  in  like  manner.  (Laws  1913,  ch.  273,  sec.  2.) 

SEC.  581.  County  Attorney  to  Investigate.  Whenever  it 
shall  come  to  the  notice  of  the  county  attorney  that  there  exists 
in  his  county  the  estate  of  a  person  who  has  died  without  heir 
or  will,  it  shall  be  his  duty  to  investigate  and  closely  scrutinize 
the  claims  of  such  claimants,  and  to  prevent  the  spoliation  of  ' 
such  estates  by  fraudulent  claimants,  and  to  conserve  and  se- 
cure all  such  estates  for  the  benefit  of  the  school  fund  where 
the  claimants  are  not  entitled  thereto.  (Laws  1913,  ch.  273, 
sec.  3.) 

SEC.  582.  Expense  of  Inquiry.  Whenever  in  the  opinion  of 
the  probate  judge  the  interests  of  the  school  fund  so  require, 
the  probate  court  may  make  an  allowance  out  of  the  estate  to 
defray  the  reasonable  expenses  of  the  county  attorney  in  mak- 
ing inquiries  and  in  the  examination  of  witnesses  touching  the 
rights  of  claimants  to  the  estate  of  any  such  deceased  person ; 
but  no  expense  to  the  estate  shall  be  incurred  under  the  pro- 
visions of  this  act  where  there  are  one  or  more  heirs  or  devisees 
residing  in  the  county,  or  where  any  one  or  more  of  the  heirs 
or  devisees  are  personally  known  to  the  probate  judge.  (Laws 
1913,  ch.  273,  sec.  4.) 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  197 

SEC.  583.  Unlawful  to  Act  as  Private  Attorney.  It  shall 
be  unlawful  for  either  the  attorney-general  or  county  attorney 
to  be  employed  as  a  private  attorney  in  behalf  of  any  pretended 
heir  or  devisee  not  residing  in  the  county  where  the  estate  is 
located  in  any  matter  or  proceeding  before  the  probate  court  or 
where  the  rights  of  such  pretended  heir  or  devisee  may  be 
affected  by  the  judgment  or  opinion  of  any  court  thereon. 
(Laws  1913,  ch.  273,  sec.  5.) 

SEC.  584.  Duty  of  Attorney-general.  It  shall  be  the  duty 
of  the  attorney-general  to  see  that  this  act  is  enforced  and 
obeyed,  and  whenever  in  his  opinion,  or  in  the  opinion  of  the 
governor,  the  public  interests  require  it,  the  attorney-general 
may  supersede  the  county  attorney  and  perform  his  duties  in 
the  prosecution  or  defense  of  the  interests  of  the  school  fund 
under  this  act:  (Laws  1913,  ch.  273,  sec.  6.) 

SEC.  585.  Consolidation  of  Bonds.  [7702]  It  is  hereby 
made  the  duty  of  the  School-fund  Commissioners  to  consolidate 
all  state  bonds  now  belonging  to  or  hereafter  coming  into  pos- 
session of  the  permanent  school  fund,  in  the  following  manner, 
to  wit :  All  bonds  falling  due  on  the  same  date  and  bearing  the 
same  rate  of  interest  shall  be  consolidated  into  one  bond,  of 
equal  amount  to  the  bonds  so  consolidated;  and  coupons  of 
interest  shall  be  attached  thereto,  of  equal  amount  to  the  con- 
solidated coupons,  and  payable  in  the  same  manner  as  the 
coupons  of  the  bonds  so  consolidated ;  such  consolidated  bonds 
shall  be  made  out  by  the  auditor  of  state,  signed  by  the  gov- 
ernor, and  attested  by  the  secretary  of  state,  and  shall  be  made 
payable  to  the  permanent  school  fund  of  the  state  of  Kansas, 
and  shall  have  imprinted  on  their  face  the  words,  "Not  trans- 
ferable." All  bonds  presented  by  the  School-fund  Commission- 
ers shall,  in  their  presence,  be  canceled  and  destroyed  by  the 
auditor  of  state,  after  a  consolidated  bond  shall  have  been  is- 
sued for  the  same.  (Laws  1876,  ch.  122,  art.  15,  sec.  11.) 

SEC.  586.  Registry  of  Consolidated  Bonds.  [7703]  All 
consolidated  bonds  shall  be  registered  by  the  auditor  as  other 
state  bonds  now  are  registered.  (Laws  1876,  ch.  122,  art.  15, 
sec.  12.) 

SEC.  587.    Registration  of  Bonds  Belonging  to  School  Fund. 

[7709]  Immediately  after  the  passage  of  this  act,  it  shall 
be  the  duty  of  the  auditor  of  state  to  prepare  a  register  of  all 
bonds  belonging  to  the  permanent  school  fund.  (Laws  1877. 
ch.  172,  sec.  1.) 

SEC.  588.  Registration  of  Bonds  Purchased.  [7710]  That 
it  shall  hereafter  be  the  duty  of  the  commissioners  of  the  per- 
manent school  fund  to  present  to  the  auditor  of  state  all  bonds 
which  may  hereafter  be  purchased  by  them  prior  to  the  deposit 
of  the  same  with  the  state  treasurer,  and  it  shall  be  the  duty  of 


198  SCHOOL-FUND  COMMISSIONERS.  [CH.  25 

the  auditor  to  register  all  bonds  so  presented.     (Laws  1877, 
ch.  172,  sec.  2.) 

SEC.  589.  Treasurer's  Statement.  [7711]  That  it  shall  be 
the  duty  of  the  state  treasurer,  immediately  after  collecting 
any  interest  on  such  bonds  or  the  principal  of  the  same,  to 
file  with  the  auditor  a  detailed  statement  or  statements  of 
the  amount  or  amounts  so  collected,  stating  the  name  of  the 
county,  the  number  of  the  district,  the  number  of  the  coupons 
or  bonds  paid  by  such  district,  and  the  amount  paid ;  and  the 
said  treasurer  shall  cancel  on  the  register  in  his  office  all 
coupons  and  bonds  so  paid.  (Laws  1877,  ch.  172,  sec.  4.) 

SEC.  590.  Cancellation  of  Bonds  and  Coupons.  [7712]  That 
immediately  after  the  filing  of  such  statement  or  statements 
by  the  treasurer,  the  auditor  shall  cancel  such  coupons  or 
bonds  as  are  designated  in  said  statement  or  statements  upon 
the  register  in  his  office,  and  charge  the  treasurer  with  the 
amounts.  (Laws  1877,  ch.  172,  sec.  5.) 

SEC.  591.  Bonds  to  be  Compared.  [7713]  That  it  shall  be 
the  duty  of  the  auditor  of  state,  on  the  first  Monday  in  August 
of  each  year,  to  compare  the  register  kept  by  him  with  the 
bonds  in  the  treasurer's  office,  and  shall  at  the  time  of  com- 
paring such  register  require  the  treasurer  to  produce  all  cou- 
pons and  bonds  remaining  unpaid,  which  shall  be  compared 
with  the  register.  (Laws  1877,  ch.  172,  sec.  6.) 

SEC.  592.  Penalty.  [7714]  That  any  state  treasurer  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  section 
3  and  section  5  of  this  act150  shall  be  deemed  guilty  of  having 
converted  the  same  to  his  own  use,  and  shall  upon  conviction 
be  subject  to  all  the  penalties  provided  for  in  section  56  of 
chapter  102,  General  Statutes  of  the  state  of  Kansas.  (Laws 
1877,  ch.  172,  sec.  7.) 

SEC.  593.  Exchange  of  Bonds.  [7715]  The  board  of  com- 
missioners for  the  management  of  the  state  permanent  school 
fund  shall  have  the  power  to  exchange  any  school-district  or 
board-of-education  bonds  belonging  to  the  permanent  school 
funds  now  in  the  state  treasury  for  other  bonds  of  the  same 
district  or  board  of  education  bearing  a  lower  rate  of  interest 
and  running  a  longer  time  than  the  bonds  exchanged,  upon  the 
application  of  the  proper  officers  of  such  school  district  or 
board  of  education;  provided,  that  they  shall  not  receive  any 
funding  bonds  running  a  less  time  than  five  years;  and  pro- 
vided further,  that  the  rate  of  interest  on  bonds  so  accepted  by 
said  commission  shall  not  be  less  than  four  per  cent.  (Laws 
1907,  ch.  377,  sec.  1.) 

SEC.  594.  Funding  Bonds  to  be  Stamped.  [7719]  All  bonds 
accepted  as  funding  bonds  by  the  board  of  commissioners  shall 

150.    Section  590  of  this  book. 


CH.  25]  SCHOOL-FUND   COMMISSIONERS.  199 

be  stamped  by  the  auditor  and  deposited  with  the  state  treas- 
urer, and  the  auditor  shall  charge  the  treasurer  with  the 
amount  in  the  same  manner  as  though  said  bonds  had  been 
purchased  for  cash.  (Laws  1879,  ch.  160,  sec.  5.) 

SEC.  595.  Record  of  Proceedings.  [7717]  The  said  board 
of  commissioners,  after  having  examined  and  accepted,  any 
funding  bonds  as  contemplated  in  section  1  of  this  act,  shall 
make  a  certificate  in  duplicate,  directed  to  the  state  treasurer, 
stating  that  they  have  examined  and  accepted  the  funding 

bonds  of  school  district  No. ,  of  the  county  of ,  or 

board  of  education  of  the  city  of ,  for  the  sum  of 

dollars,  in  lieu  of  bonds  numbered  ,  for  like  amount 

issued  by  said  district  or  board  of  education,  now  in  the  state 

treasury,  and  belonging  to  the fund,  and  the  treasurer 

of  state  is  authorized  to  cancel  and  return  the  bonds  so  funded; 
together  with  the  coupons  attached  thereto,  and  not  matured, 
to  the  proper  officer  of  the  county,  city  or  school  district, 
which  said  certificate  shall  be  signed  by  a  majority  of  the  said 
commissioners,  one  of  which  shall  be  filed  with  the  auditor 
of  state  and  the  other  delivered  to  the  state  treasurer.  (Laws 
1879,  ch.  160,  sec.  3.) 


200 


STATE   ANNUAL   SCHOOL   FUND. 


[CH.  26 


CHAPTER  XXVI.— State  Annual  School  Fund. 


§600.  County  treasurer,  upon  proper  ap- 
plication, shall  pay  over  moneys 
to  district  treasurer. 

601.  Each  insurance  company  doing  busi- 
ness in  the  state  shall  annually 
pay  fifty  dollars  into  the  state 
annual  school  fund. 


§596.    State   annual  school  fund   shall  con- 
sist of  what. 

597.  ^State    treasurer    hold    annual    school 

fund  subject  to  order  of  state  su- 
perintendent. 

598.  Treasurer  shall  pay  county  treasurer 

on   order  of  state  superintendent. 

599.  County  treasurer  shall  apply  to  state 

treasurer    for    school    moneys    ap- 
portioned to  county. 

SECTION  596.  Shall  Consist  of  What.  [7722]  The  state 
annual  school  fund  shall  consist  of  the  annual  income  derived 
from  the  interest  and  rents  of  the  perpetual  school  fund,  as 
provided  in  the  constitution  of  the  state.  (Laws  1879,  ch.  149, 
sec.  4,  March  13.) 

SEC.  597.  State  Treasurer.  [7723]  The  state  treasurer 
shall  receive  all  the  annual  income  of  the  state  appropriated 
for  the  annual  support  of  schools,  whether  derived  from  the 
interest  of  moneys  loaned,  rents  of  school-lands,  or  annual  tax, 
and  hold  the  same  subject  to  the  order  of  the  state  superin- 
tendent of  public  instruction.  (Laws  1876,  ch.  122,  art.  16, 
sec.  2.) 

SEC.  598.  Payment.  [7725]  He  shall  pay  over  to  the  treas- 
urer of  each  county,  on  application,  the  amount  of  school 
money  due  to  said  county,  on  order  of  the  state  superintendent 
of  public  instruction.  (Laws  1876,  ch.  122,  art.  16,  sec.  4.) 

SEC.  599.  County  Treasurer.  [7727]  The  treasurer  of 
each  county  shall  apply  for  and  receive  of  the  state  treasurer 
the  school  moneys  apportioned  to  his  county  as  soon  as  the 
same  shall  become  payable.  (Laws  1876,  ch.  122,  art.  16, 
sec.  6.) 

SEC.  600,  Pay  to  the  District  Treasurer.  [7728]  Each 
county  treasurer  receiving  such  moneys  shall,  upon  proper  ap- 
plication of  the  district  treasurer  of  any  district,  pay  over  to 
the  said  district  treasurer  the  amount  apportioned  to  the  dis- 
trict by  the  county  superintendent.  (Laws  1876,  ch.  122,  art. 
16,  sec.  7.) 

SEC.  601.  Insurance  Companies.  [7729]  .  .  .  Every 
insurance  company  doing  business  in  this  state  shall,  in  addi- 
tion to  the  fees  required  by  this  act  (chapter  93,  Laws  1871), 
pay  into  the  state  treasury,  for  the  benefit  of  the  annual  school 
fund,  the  sum  of  fifty  dollars  each  year.  (Laws  1876,  ch.  122, 
art.  16,  sec.  8.) 


CH.  27] 


STATE  DEPARTMENT   OF  EDUCATION. 


201 


CHAPTER  XXVIL— State  Department  of  Education. 


§614.  Copies  of  papers. 

615.  Biennial  report. 

616.  State   board   of    education;    member- 

ship ;    term ;    expenses ;    compensa- 
tion. 

617.  Meetings   and  duties  of  board. 

618.  Secretary  of  state  board  of  education. 

619.  Accrediting    of    rural,    graded,     and 

high  schools. 

620.  Admission     of     graduates     from     ac- 

credited high  schools  to  state  in- 
stitutions. 

621.  State   supervisors   of   public   schools. 


§602.  State   department   of   public   instruc- 
tion constituted. 

603.  General   duties  of  state   superintend- 

ent. 

604.  Oath  and  bond. 

605.  Salary. 

606.  Assistant. 

607.  Clerks  and  stenographers. 

608.  Apportionment  of  school  fund. 

609.  Draw  orders. 

610.  Official  opinions. 

611.  School  laws  and  blanks. 

612.  Visitation  and  textbooks. 

613.  Office   in   capitol. 

SECTION  602.  State  Department  of  Public  Instruction  Con- 
stituted. The  state  superintendent  of  public  instruction,  the 
state  board  of  education  and  the  officers  and  assistants  herein 
provided  for  shall  constitute  the  state  department  of  education. 
(Laws  1915,  ch.  296,  sec.  1.) 

SEC.  603.  General  Duties  of  State  Superintendent.  [8914] 
The  educational  interests  of  the  state  shall  be  under  the  super- 
vision and  management  of  the  state  superintendent  of  public 
instruction,  subject  to  such  limitations  and  restrictions  as  are 
or  may  be  prescribed  by  law;  and  he  shall  have  and  exercise 
the  powers  and  perform  the  duties  prescribed  in  the  acts  relat- 
ing to  common  schools.  (Laws  1879,  ch.  166,  sec.  79.) 

SEC.  604.  Oath  and  Bond.  [8913]  The  state  superintend- 
ent of  public  instruction  shall,  before  he  enters  upon  the  duties 
of  his  office,  take  and  subscribe  the  proper  oath  of  office,  and 
shall  execute  to  the  state  of  Kansas  a  bond  in  the  sum  of  $10,- 
000,  with  two  or  more  sufficient  sureties  to  be  approved  by  the 
Executive  Council,  conditioned  that  he  shall  faithfully  perform 
the  duties  of  his  said  office,  which  oath  and  bond  shall  be  filed  in 
the  office  of  the  secretary  of  state.  (Laws  1879,  ch.  166, 
sec.  78.) 

SEC.  605.  Salary.  On  and  after  the  second  Monday  in 
January,  1917,  the  salary  of  the  state  superintendent  of  public 
instruction  shall  be  three  thousand  dollars  per  annum.  (Laws 
1915,  ch.  296,  sec.  2.) 

SEC.  606.  Assistant.  The  state  superintendent  of  public 
instruction  is  hereby  authorized  to  appoint  an  assistant,  who 
shall  be  designated  as  assistant  state  superintendent  of  public 
instruction.  Said  assistant  shall  take  the  proper  oath  of  office, 
which  shall  be  filed  in  the  office  of  the  secretary  of  state;  he 
shall  act  as  the  deputy  of  the  state  superintendent  of  public  in- 
struction and  shall  perform  the  duties,  not  inconsistent  with 
law,  which  the  state  superintendent  may  require ;  and  he  shall 


202  STATE  DEPARTMENT  OF  EDUCATION.  [CH.  27 

receive  a  salary  of  two  thousand  dollars  per  annum.     (Laws 
1915,  ch.  296,  sec.  3.) 

SEC.  607.  Clerks  and  Stenographers.  The  state  superin- 
tendent of  public  instruction  may  also  appoint  a  chief  clerk, 
who  shall  act  as  clerk  of  the  board  of  commissioners  for  the 
management  and  investment  of  the  school  funds,  and  who  shall 
perform  such  other  duties  as  the  superintendent  may  require, 
whose  salary  shall  be  twelve  hundred  dollars  per  annum;  a 
statistical  and  filing  clerk  whose  salary  shall  be  ten  hundred 
dollars  per  annum ;  and  two  stenographers  each  of  whom  shall 
receive  a  salary  of  nine  hundred  dollars  per  annum.  (Laws 
1915,  ch.  296,  sec.  4.) 

SEC.  608.  Apportionment  of  School  Fund.  [8916]  Such 
state  superintendent  shall  distribute  the  income  of  the  state 
school  fund  and  the  annual  taxes  collected  by  the  state  for  the 
support  of  common  schools  to  those  counties  of  the  state  from 
which  the  proper  reports  have  been  received  by  said  state 
superintendent.  Such  distribution  shall  be  made  twice  in  each 
year,  as  follows :  All  such  moneys  received  up  to  the  15th  of 
February  shall  be  distributed  between  the  15th  and  last  day  of 
such  month,  and  that  received  up  to  the  15th  day  of  August 
shall  be  distributed  between  the  15th  and  last  day  of  such 
month.  The  apportionment  to  each  county  shall  be  made  in 
proportion  to  the  number  of  children  over  the  age  of  five  years 
and  under  the  age  of  twenty-one  years,  resident  therein,  as 
shown  by  the  last  annual  report  of  the  county  superintendent 
to  the  state  superintendent.  (Laws  1879,  ch.  166,  sec.  81.) 

SEC.  609.  Draw  Orders.  [8917]  Such  superintendent  shall 
draw  his  order  on  the  state  treasurer  in  favor  of  the  county 
treasurer  of  the  counties  respectively  entitled  to  school  moneys 
for  the  amount  of  such  moneys  apportioned  to  his  county,  and 
certify  the  amount  of  such  order  to  the  state  treasurer  and 
state  auditor,  and  also  to  the  county  clerk  and  superintendent 
of  the  proper  county.  (Laws  1879,  ch.  166,  sec.  82.) 

SEC.  610.  Official  Opinions.  [8918]  Such  superintendent 
shall,  at  the  request  of  any  county  superintendent,151  give  his 
opinion,  upon  a  written  statement  of  facts,  on  all  questions  and 
controversies  arising  out  of  the  interpretation  and  construc- 
tion of  the  school  laws  in  regard  to  the  rights,  powers  and 
duties  of  school-district  boards,  school  officers,  and  county  su- 
perintendents, and  shall  keep  a  record  of  all  such  decisions. 
Before  giving  any  such  opinion,  the  superintendent  may  sub- 
mit the  statement  of  facts  to  the  attorney-general  for  his  ad- 
vice thereon,  and  it  shall  be  the  duty  of  the  attorney-general 
forthwith  to  examine  such  statement,  and  suggest  the  proper 

151.  The  state  superintendent  is  required  by  law  to  render  an  opinion 
to  the  county  superintendent.  Such  opinions  should  always  be  sought 
through  the  county  superintendent. 


OH.  27]  STATE  DEPARTMENT   OF  EDUCATION.  203 

decision  to  be  made  upon  such  facts.     (Laws  1879,  ch.  166, 
sec.  83.) 

SEC.  611.  School  Laws  and  Blanks.  [8919]  Such  superin- 
tendent, not  oftener  than  once  in  two  years,  may  publish  the 
school  laws  in  force,  with  such  forms,  regulations,  instructions 
and  decisions  as  he  may  judge  expedient  thereto  annexed,  and 
shall  cause  the  same  to  be  forwarded  to  the  persons  entitled  to 
receive  them.  He  shall  prescribe  and  cause  to  be  prepared  all 
forms  and  blanks  necessary  in  the  details  of  the  common- 
school  system,  so  as  to  secure  its  uniform  operation  through- 
out the  state ;  and  shall  cause  the  same  to  be  forwarded  to  the 
several  county  superintendents,  to  be  by  them  distributed  to 
the  several  persons  or  officers  entitled  to  receive  the  same. 
(Laws  1879,  ch.  166,  sec.  84.) 

SEC.  612.  Visitation  and  Textbooks.  [8920]  It  shall  be 
the  duty  of  such  superintendent  to  visit  each  county  of  the  state 
at  least  once  in  two  years,  and  as  much  oftener  as  consistent 
with  the  discharge  of  his  other  duties,  for  the  purpose  of  ad- 
vancing and  promoting  the  cause  of  education  throughout  the 
state.  It  shall  be  his  duty  to  recommend  the  most  approved 
textbooks  for  the  common  schools  of  the  state,  and  to  open 
such  correspondence  as  may  enable  him  to  obtain  all  necessary 
information  relating  to  the  system  of  common  schools  in  other 
states.  (Laws  1879,  ch.  166,  sec.  85.) 

SEC.  613.  Office  in  the  Capitol.  [8921]  Such  superintend- 
ent shall  have  an  office  in  the  capitol,  where  he  shall  keep  all 
books  and  papers  pertaining  to  the  duties  of  his  office ;  and  all 
books,  school  and  other,  and  all  apparatus,  maps  and  charts 
now  belonging  to  the  office  of  the  state  superintendent,  and  such 
as  may  hereafter  be  received  for  such  office  by  purchase,  ex- 
change, or  otherwise,  shall  be  kept  and  preserved  in  such  office, 
and  delivered  by  the  superintendent  to  his  successor.  He  shall 
file  and  carefully  preserve  in  his  office  the  official  reports  made 
to  him  by  the  county  superintendents  of  the  several  counties, 
trustees  or  directors  of  academies,  graded  schools,  or  colleges. 
(Laws  1879,  ch.  166,  sec.  86.) 

SEC.  614.  Copies  of  Papers.  [8922]  Copies  of  all  papers 
filed  in  his  office,  and  the  record  of  his  official  acts,  may  be 
certified  by  him,  and  when  so  certified  shall  be  evidence  equally 
and  in  like  manner  as  the  originals.  (Laws  1879,  ch.  166, 
sec.  87.) 

SEC.  615.  Biennial  Report.  [8923]  The  superintendent 
shall,  on  the  1st  day  of  December  preceding  each  regular  ses- 
sion of  the  legislature,  make  out  and  deliver  to  the  governor 
a  report  containing:  (1)  A  statement  of  the  number  of  com- 
mon schools  in  the  state,  the  number  of  scholars  attending  the 
same,  their  sex,  and  the  branches  taught ;  a  statement  of  the 
number  of  private  or  select  schools  in  the  state,  so  far  as  the 


204  STATE  DEPARTMENT   OF  EDUCATION.  [CH.  27 

same  can  be  ascertained,  and  the  number  of  scholars  attending 
the  same,  their  sex,  and  the  branches  taught;  a  statement  of 
the  number  of  normal  schools  in  the  state,  and  the  number  of 
students  attending  them;  the  number  of  academies  and  col- 
leges in  the  state,  and  the  number  of  students,  and  their  sex, 
attending  them ;  and  such  other  matters  of  interest  as  he  may 
deem  expedient,  drawn  from  the  reports  of  the  county  super- 
intendents of  the  several  counties  in  the  state,  and  from  other 
reports  received  on  the  subject  of  education  from  trustees  or 
other  school  boards  within  the  state.  (2)  A  statement  of  the 
condition  of  the  common-school  fund  of  the  state,  including 
moneys,  school-lands  or  other  property  held  in  trust  by  the 
state  for  the  support  of  common  schools,  and  giving  a  full 
statement  of  the  school-land  account  of  each  county.  (3)  A 
statement  of  the  receipts  and  expenditures  for  the  year.  (4) 
A  statement  of  plans  for  the  management  and  improvement  of 
common  schools,  and  such  other  information  relating  to  the 
educational  interests  of  the  state  as  he  may  deem  important. 
(Laws  1879,  ch.  166,  sec.  88.) 

SEC.  616.  State  Board  of  Education;  Membership;  Term; 
Expenses;  Compensation.  The  state  board  of  education  shall 
be  composed  of  the  the  state  superintendent  of  public  instruc- 
tion, who  shall  be  ex-officio  chairman,  the  chancellor  of  the 
State  University,  the  president  of  the  State  Agricultural  Col- 
lege, the  president  of  the  Kansas  State  Normal  School,  and 
three  other  persons  to  be  appointed  by  the  governor.  Within 
ten  days  after  this  act  takes  effect  the  governor  shall  appoint 
three  persons  who  shall  serve  as  members  of  the  board  for 
terms  which  shall  begin  on  the  first  Monday  in  April,  1915, 
and  which  shall  expire  respectively  on  the  first  Monday  in 
April,  1916,  the  first  Monday  in  April,  1917,  and  the  first  Mon- 
day in  April,  1918;  and  thereafter  the  governor  shall  in  the 
month  of  March  in  each  year  appoint  one  person  who  shall 
serve  as  a  member  of  the  board  for  a  term  of  three  years  be- 
ginning with  the  first  Monday  in  April,  and  until  his  successor 
is  appointed  and  qualified.  Each  member  of  the  state  board  of 
education  shall  receive  all  necessary  and  actual  traveling  ex- 
penses incurred  in  attending  the  meetings  of  the  board  and  in 
the  discharge  of  the  duties  required  by  law,  and  in  addition 
thereto  each  appointed  member  shall  receive  as  full  compensa- 
tion the  sum  of  five  dollars  per  day  for  each  day's  actual  service 
in  attending  the  meetings  of  the  board,  not  exceeding  ten  days 
in  any  year.  (Laws  1915,  ch.  296,  sec.  5.) 

SEC.  617.  Meetings  and  Duties  of  Board.  The  state  board 
of  education  shall  meet  at  such  times  and  places  as  may  be  de- 
termined by  them  and  at  the  call  of  the  state  superintendent  of 
public  instruction.  The  board  shall  prescribe  courses  of  study 
for  the  public  schools  of  the  state,  including  the  common  or 
district  schools,  the  graded  schools,  and  the  high  schools ;  they 


CH.  27]  STATE  DEPARTMENT   OF  EDUCATION.  205 

shall  also  prepare  a  course  of  study  for  the  normal  institutes ; 
and  they  shall  revise  the  several  courses  of  study  when  in  their 
judgment  such  revision  is  desirable;  they  shall  have  authority 
to  make  rules  and  regulations  relating  to  the  observance  of  the 
prescribed  courses  of  study;  and  they  shall  also  issue  state 
teacher's  certificates  under  such  regulations,  not  inconsistent 
with  law,  as  the  state  board  may  determine.  (Laws  1915,  ch. 
296,  sec.  6.) 

SEC.  618.     Secretary  of  State  Board  of  Education.     At  a 

meeting  called  by  the  state  superintendent  of  public  instruction 
during  the  month  of  April,  1915,  the  state  board  of  education 
shall  elect  a  secretary,  not  a  member  of  the  board,  who  shall  be 
an  expert  in  education,  a  graduate  of  a  four-year  course  of 
study  of  a  university,  college,  normal  school,  or  institution  of 
like  rank,  and  who  shall  have  had  not  less  than  five  years  of 
experience  in  educational  work  as  superintendent  or  super- 
visor. The  secretary  first  elected  under  this  act  shall  serve 
from  the  first  day  of  July,  1915,  until  the  first  day  of  July, 
1919;  and  thereafter  the  secretary  of  the  board  shall  serve 
for  a  term  of  four  years  and  until  his  successor  is  elected,  un- 
less removed  by  the  board  for  cause ;  and  the  regular  election 
of  secretary  shall  be  held  during  the  month  of  April  next  pre- 
ceding the  date  of  the  expiration  of  the  term  of  office.  The 
secretary  of  the  state  board  of  education  shall  be  subject  to 
the  direction  of  the  state  superintendent  of  public  instruction. 
He  shall  serve  as  inspector  of  colleges  and  universities  accred- 
ited by  the  state  board  and  shall  have  charge  of  all  matters 
relating  to  state  teachers'  certificates,  and  shall  perform  such 
duties  as  may  be  required  by  the  state  board  of  education  or 
the  state  superintendent  of  public  instruction,  and  he  shall  re- 
ceive a  salary  of  two  thousand  four  hundred  dollars  per  an- 
num. The  state  board  of  education  may  also  employ  a  stenog- 
rapher at  a  salary  of  nine  hundred  dollars  per  annum.  (Laws 
1915,  ch.  296,  sec.  7.) 

SEC.  619.    Accrediting  of  Rural,  Graded,  and  High  Schools. 

The  state  board  of  education  shall  have  exclusive  and  sole  au- 
thority to  define  official  standards  of  excellence  in  all  matters 
relating  to  the  administration,  course  of  study,  and  instruc- 
tion in  rural  schools,  graded  schools,  and  high  schools,  and  to 
accredit  those  schools  in  which  the  specified  standards  are 
maintained ;  and  the  board  may  grant  to  accredited  schools  an 
aDpropriate  certificate  or  other  evidence  of  approval.  (Laws 
1915,  ch.  296,  sec.  8.) 

SEC.  620.  Admission  of  Graduates  from  Accredited  High 
Schools  to  State  Institutions.  Any  person  who  shall  complete 
a  four-year  course  of  study  in  any  high  school  accredited  by  the 
state  board  of  education  shall  be  entitled  to  admission  to  the 
freshman  class  of  the  State  University,  the  State  Agricultural 


206  STATE  DEPARTMENT  OF  EDUCATION.  [CH.  27 

College,  or  any  of  the  state  normal  schools,  on  presenting  a 
statement  containing  a  transcript  of  his  high  school  record 
signed  by  the  principal  of  the  school  and  certifying  that  such 
person  has  satisfactorily  completed  said  course  of  study. 
(Laws  1915,  ch.  296,  sec.  9.) 

SEC.  621.  State  Supervisors  of  Public  Schools.  The  state 
superintendent  of  public  instruction  may,  with  the  advice  and 
consent  of  the  state  board  of  education,  appoint  assistants,  not 
exceeding  four,  who  shall  serve  as  supervisors  of  the  public 
schools  of  the  state,  including  rural,  graded,  and  high  schools. 
Said  assistants  shall  perform  such  other  duties  as  may  be  re- 
quired by  the  state  superintendent  of  public  instruction  or  the 
state  boa*rd  of  education;  and  each  of  said  assistants  shall  be 
allowed  actual  and  necessary  traveling  expenses  incurred  in 
the  performance  of  his  duty,  and  shall  receive  a  salary  fixed  by 
the  state  board  of  education  not  exceeding  two  thousand  dol- 
lars per  annum ;  provided,  that  no  state  funds  except  as  herein 
provided  shall  be  expended  for  the  purpose  of  inspection  of 
rural,  graded  and  high  schools.  (Laws  1915,  ch.  296,  sec.  10.) 


CH.  28] 


TEXTBOOKS. 


207 


publication; 


§622.   State       School      Book       Commission 
created  ;    compensation  ;    expenses. 

623.  Chairman;    secretary. 

624.  Series     of     textbooks; 

adoption  ;    approval  ;    distribution  ; 
exchange. 

625.  Powers   of   commission. 

626.  Printing. 

627.  Exclusive  use  required. 

628.  Price  fixed  at  estimated  cost. 
Purchase  of  school  books;  dealers. 
Requisitions;      payment;      shipment; 

state  school  book  fund. 
631.  Application  and  agreement  of  dealer. 


629. 
630. 


CHAPTER  XXVIIL— Textbooks. 
ARTICLE  I.— State  School  Book  Commission. 

(NOTE. — This  article  contains  the  textbook  act  of  1913  as  amended  by  the  legislature 
of  1915.  Those  parts  of  article  II,  sections  641  to  671  of  this  book,  which  conflict  with 
this  act  are  no  longer  in  force.) 

§632.  Copies  of   agreement   and  price  lists 
furnished. 

633.  Penalty  for  increase  of  price  and  for 

use  of  other  books. 

634.  Supplementary  books. 

635.  Annual  report  of   School  Book  Com- 

mission. 

636.  Penalty  for  violation  of  act  by  mem- 

bers of  commission. 

637.  Appropriation  for  ground,  buildings, 

equipment,  and  expenses. 

638.  Appropriation  for  1916  and  1917. 

639.  Appropriation     of     unexpended    bal- 

ances. 

640.  Warrants  drawn  by  state  auditor. 

SEC.  622.  State  School  Book  Commission  Created;  Com- 
pensation; Expenses.  For  the  purpose  of  carrying  out  the 
provisions  of  this  act,  there  is  hereby  created  a  State  School 
Book  Commission  consisting  of  seven  members  which  shall  be 
composed  of  the  state  superintendent  of  public  instruction, 
the  president  of  the  State  Normal  School,  the  president  of  the 
State  Agricultural  College,  the  state  printer,  the  president  of 
the  State  Board  of  Agriculture,  and  two  other  persons  to  be 
appointed  by  the  governor  for  a  term  of  two  years  from  April 
1st,  1913.  The  commission  thus  created  shall  perform  the 
duties  and  exercise  the  power  granted  in  this  act  and  shall 
have  all  the  powers  and  authority  heretofore  belonging  to  the 
School  Text  Book  Commission,  except  so  far  as  these  duties 
are  modified  by  the  provisions  of  this  act.  The  members  of 
the  commission  shall  take  an  oath  of  office,  the  form  of  which 
shall  be  prepared  by  the  attorney-general.  Within  twenty 
days  after  this  act  shall  take  effect  the  state  superintendent  of 
public  instruction  shall  call  a  meeting  for  the  purpose  of  ef- 
fecting an  organization;  and  thereupon  all  authority  hereto- 
fore belonging  to  the  School  Text  Book  Commission  shall  be 
transferred  to  the  State  School  Book  Commission,  and  the 
said  School  Text  Book  Commission  shall  cease  to  exist.  All 
contracts  made  by  the  School  Text  Book  Commission  and  in 
force  at  the  time  when  this  act  takes  effect  shall  be-  enforced 
by  the  State  School  Book  Commission  created  by  this  act. 
The  commission  shall  have  authority  to  make  its  own  rules  and 
regulations,  and  to  determine  the  method  of  its  procedure  in 
accordance  with  the  provisions  of  this  act.  Each  member  of 
said  commission  who  shall,  at  the  time  of  service  thereon,  be 
receiving  a  stated  salary  from  the  state,  shall  not  be  allowed 
per  diem,  but  the  other  members  shall  receive  as  their  full 


208  TEXTBOOKS.  [CH.  28 

compensation  the  sum  of  five  dollars  for  each  day's  actual 
service  in  attending  the  meetings  of  the  said  Commission.  And 
each  member  shall  receive  all  necessary  and  actual  traveling 
and  hotel  expenses  incurred  in  attending  all  meetings  of  the 
commission  and  in  discharge  of  their  duties.  (Laws  1913, 
ch.  288,  sec.  1.) 

SEC.  623.  Chairman;  Secretary.  The  commission  thus 
created  shall  select  one  of  its  members  as  chairman  of  the 
State  School  Book  Commission ;  the  commission  shall  choose  a 
secretary  who  shall  not  be  a  member  thereof,  but  who  shall 
be  a  person  of  recognized  ability  and  well  qualified  to  deter- 
mine the  educational  value  and  use  of  school  textbooks,  and 
who  shall  maintain  his  office  in  the  state  capitol,  and  devote  all 
his  time  to  the  duties  of  such  secretaryship.  He  shall  keep  all 
accounts  and  records  of  the  State  School  Book  Commission, 
shall  furnish  the  commission  with  full  and  complete  informa- 
tion as  to  the  character,  worth,  adaptability,  educational,  and 
mechanical  value  of  such  books  as  are  used  in  the  public  schools 
of  this  state,  and  of  other  states,  and  shall  report  any  viola- 
tions of  the  provisions  of  this  act  to  the  said  commission  imme- 
diately on  learning  thereof.  It  shall  also  be  the  duty  of  the 
secretary  to  see  that  the  books  are  properly  distributed,  and 
collections  made  for  same.  The  secretary  shall  hold  his  office 
for  two  years,  or  until  dismissed  by  the  commission  for  cause, 
and  shall  receive  an  annual  salary  to  be  fixed  by  the  commis- 
sion, not  to  exceed  two  thousand  dollars.  The  secretary  shall 
give  a  good  and  sufficient  security  company  bond  in  the  sum 
of  ten  thousand  dollars  ($10,000),  the  cost  of  which  shall  be 
borne  by  the  state,  conditioned  on  the  faithful  discharge  of 
his  official  duties,  and  shall  be  approved  by  the  State  School 
Book  Commission.  (Laws  1913,  ch.  288,  sec.  2.) 

SEC.  624.  Series  of  Textbooks;  Publication;  Adoption;  Ap- 
proval; Distribution;  Exchange.  Section  3.  of  chapter  288  of 
the  Session  Laws  of  1913  is  hereby  amended  to  read  as  follows : 
Sec.  3.  The  said  State  School  Book  Commission  shall,  as  soon 
as,  and  when  practicable,  print,  publish  or  provide  for  the  pub- 
lication of  a  complete  series  of  school  textbooks,  as  hereinafter 
mentioned,  for  use  in  the  public  schools,  including  the  high 
schools,  in  the  state  of  Kansas.  Also,  they  shall  provide,  by 
adoption,  under  the  provisions  of  the  law,  for  such  books  of  the 
hereinafter  mentioned  series  as  they  find  it  impossible  or  im- 
practicable to  print  or  publish.  They  may  also  write,  select, 
compile  or  cause  to  be  written  or  compiled,  or  purchase  the 
copyright  or  contract  the  right  to  publish  all  such  books  by  the 
payment  of  an  agreed  royalty  therefor.  The  said  series  of 
school  textbooks  shall  consist  of  one  spelling  book,  one  primer, 
one  each  first,  second,  third,  fourth,  and  fifth  reader ;  one  each, 
elementary  and  advanced  arithmetic ;  one  each,  elementary  and 
advanced  geography ;  one  each,  elementary  and  advanced  gram- 


CH.  28]  TEXTBOOKS.  209 

mar;    one   each,    elementary    and    advanced    physiology    and 
hygiene;  a  primary  and  an  advanced  history  of  the  United 
States ;  a  history  of  the  state  of  Kansas ;  one  civil  government 
of  the  United  States  and  of  the  state  of  Kansas ;  one  elements 
of  agriculture  and  stock  raising;  one  system  of  penmanship ;  a 
graded  system  of  drawing  books;  textbooks  containing  col- 
lections of  masterpieces  of  American  and  English  literature, 
for  the  fifth,  sixth,  seventh,  and  eighth  grades;  algebra  (ele- 
mentary and  advanced)  ;  geometry  (including  both  plane  and 
solid)  ;  Latin  grammar;  Latin  exercises;  Caesar,;  Cicero;  Vir- 
gil ;  English  composition ;  English  history ;  English  literature ; 
ancient  history;  medieval  and  modern  history;  rhetoric;  bot- 
any; chemistry;  zoology;,  word  analysis;   geology;  physical 
geography;  complete  texts  in  German  and  French  (including 
exercises,  grammar,  readers  and  classics)  ;  descriptive  astron- 
omy and  a  bookkeeping  text.    Such  books  to  be  equal  in  subject 
matter,  material,  binding  and  mechanical  execution  and  ap- 
proximately in  size  to  the  books  named  in  sections  7813  and 
7833  of  the  General  Statutes  of  Kansas  of  1909.152    The  said 
State  School  Book  Commission  may  adopt,  print  or  publish, 
as  in  their  opinion  may  be  desirable  or  practicable,  other  text- 
books in  addition  to  the  books  enumerated  above  and  may  ap- 
prove textbooks  in  subjects  not  enumerated  above  for  special 
courses,  to  meet  the  needs  and  requirements  of  the  courses  of 
study  prescribed  for  use  in  the  public  schools,  including  the 
high  schools  of  the  state ;  provided,  that  the  State  School  Book 
Commission  shall  have  authority  to  so  vary  the  period  of  adop- 
tion for  high  school  classics  as  to  meet  the  college  entrance 
requirements;  provided  further,  that  the  State  School  Book 
Commission  shall  not  contract  with  any  person,  company  or 
corporation,  for  any  of  the  books  provided  for  in  this  act  at  a 
price  in  excess  of  the  lowest  price  at  which  such  book  or  books 
are  sold  for  use  in  any  other  state,  county,  city  or  district. 
The  distribution  of  all  textbooks  adopted  under  the  provisions 
of  this  section  shall  be  according  to  the  provisions  of  section 
7820  of  the  General  Statutes  of  Kansas  of  1909153  except  as  re- 
lates to  the  15  per  cent  commission,  allowed  in  this  act;  and 
provided  further,  that  any  person,  persons,  company  or  cor- 
poration who  shall  contract  to  furnish  textbooks  adopted  under 
the  provisions  of  section  one  of  this  act  shall  take  up  any  text- 
books previously  in  use  and  displaced  by  said  adoption  which 
may  be  offered  to  the  contracting  publishers  or  their  agents 
within  one  year  after  the  beginning  of  said  contract  and  shall 
allow  for  such  displaced  books  in  exchange  for  new  books  in 
the  same  branch  an  amount  not  less  than  the  highest  amount 
allowed  on  the  lowest  price  in  any  other  state,  county,  city  or 
district  and  which  said  amount  shall  be  specifically  .set  out  in 

152.  Sections  644  and  665  of  this  book. 

153.  Section  651  of  this  book. 

14 


210  TEXTBOOKS.  [CH.  28 

each  bid.  Said  exchanged  books  to  be  returned  to  the  pub- 
lishers or  their  agents  within  one  year  after  the  beginning  of 
said  contract  according  to  their  direction  and  at  the  expense 
of  the  said  contracting  publishers.  (Laws  1915,  ch.  297, 
sec.  1.) 

SEC.  625.  Powers  of  Commission.  The  State  School  Book 
Commission  shall  have  the  power,  and  is  hereby  authorized  to 
have  written  or  compiled,  or  to  purchase  the  several -textbooks, 
and  manuscripts  to  be  used  in  the  public  schools,  and  shall  fix 
the  remuneration  of  authors  and  compilers,  and  compensation 
for  other  necessary  services  in  the  preparation  and  publication 
of  said  books.  Said  State  School  Book  Commission  shall  also 
have  the  power  to  procure  copyrights  for  the  state  of  Kansas 
of  any  school  textbook,  manuscript,  or  subject  matter  thereof, 
authorized  by  the  provisions  of  this  act,  and  to  contract  with 
authors  and  publishers  upon  a  royalty  basis,  upon  an  exclusive 
right  to  publish  and  use  in  the  state  of  Kansas  any  school  text- 
book written  or  published  by  them.  The  State  School  Book 
Commission  shall  furnish  to  the  state  printer  copy  and  design 
for  all  diagrams  and  illustrations  to  be  used  in  any  school  text- 
book published  by  the  state  under  the  provisions  of  this  act. 
(Laws  1913,  ch.  288,  sec.  4.) 

SEC.  626.  Printing.  The  printing  of  all  textbooks  published 
by  the  state,  and  provided  for  in  section  3  of  this  act,  and  all 
mechanical  work  connected  therewith,  shall  be  done  by  and 
under  the  supervision  of  the  state  printer,  at  the  state  printing 
plant.  (Laws  1913,  ch.  288,  sec.  5.) 

SEC.  627.  Exclusive  Use  Required.  Whenever  any  one  or 
more  of  the  said  textbooks  shall  have  been  authorized  or  pub- 
lished, the  State  School  Book  Commission  shall  issue  an  order 
requiring  the  exclusive  use  of  said  book  or  books  in  the  public 
schools  of  Kansas,  but  such  an  order  for  the  exclusive  use  of 
such  book  or  books  shall  not  take  effect  as  to  any  book  or  books 
within  a  time  that  shall  interfere  with  any  present  legal  con- 
tracts, or  legal  adoptions  heretofore  made  by  the  School  Text 
Book  Commission,  or  under  the  provisions  of  this  act.  When- 
ever the  commission  shall  issue  an  order  requiring  the  exclusive 
use  of  any  textbooks  in  the  public  schools  of  this  state  no  public 
school  superintendent,  principal,  teacher,  or  any  other  public 
school  authority  in  this  state  shall  have  the  power  to  use,  or 
authorize  the  use  of  any  book  or  books  for  pupils  other  than 
those  directed  to  be  used  by  order  of  said  commission;  pro- 
vided, that  nothing  herein  contained  shall  exclude  the  use  of 
books  for  reference  only,  but  such  books  may  be  provided  by 
the  school  districts,  or  local  board  of  education,  in  the  school 
libraries,  and  no  school  patron  shall  be  compelled  to  buy  such 
books.  (Laws  1913,  ch.  288,  sec.  6.) 

SEC.  628.  Price  Fixed  at  Estimated  Cost.  The  state  printer 
shall  furnish  the  State  School  Book  Commission  a  statement  of 


CH.  28]  TEXTBOOKS.  211 

the  cost  of  the  material  and  labor  required  to  publish  each  book 
provided  for  in  this  act,  and  from  this  statement,  together  with 
the  cost  of  copyrights,  royalties,  authorship,  and  other  neces- 
sary expenses,  said  commission  shall  fix  maximum  prices,  based 
on  the  actual  cost  of  production  and  distribution,  at  which  said 
books  shall  be  sold  for  cash  only  to  school  patrons  of  this  state, 
and  no  school  textbook  shall  be  sold  at  a  price  in  excess  of  that 
fixed  by  said  School  Book  Commission,  except  as  provided  for 
in  section  8  of  this  act.  (Laws  1913,  ch.  288,  sec.  7.) 

SEC.  629.  Purchase  of  School  Books;  Dealers.  That  sec- 
tion 8  of  chapter  288  of  the  Session  Laws  of  1913  be  amended 
to  read  as  follows :  Sec.  8.  It  shall  be  the  duty  of  each  school 
district  board,  and  board  of  education  of  cities  of  the  first  and 
second  class  in  the  state  of  Kansas,  to  provide  a  revolving  fund 
for  the  purpose  of  enabling  the  (District  clerks,  or  the  clerks 
of  the  boards  of  education,  to  purchase  for  the  use  of  the  school 
under  their  control  the  necessary  state  school  text  books  for  use 
in  said  schools.  The  treasurer  of  each  district  board  and  each 
board  of  education  is  hereby  authorized  and  directed  to  pay 
out  of  said  funds  all  orders  lawfully  drawn  for  the  purchase 
of  the  necessary  state  school  text  books  for  use  in  such  school 
districts,  or  city  schools.  Each  district  clerk,  and  each  clerk 
of  the  board  of  education  shall  replace  the  moneys  paid  out  of 
the  revolving  fund  with  cash  received  by  him  for  the  books 
sold  to  the  patrons  of  said  schools;  provided,  that  each  school 
district  and  each  city  may  have  the  privilege  of  providing  the 
pupils  in  said  district,  or  city,  with  text  books  free  of  cost  if 
so  authorized  by  majority  vote  of  the  qualified  electors  in  such 
city  or  school  district  voting  at  an  election  held  for  the  purpose 
of  determining  how  the  books  shall  be  distributed,  and  pro- 
vided, whenever,  and  so  often  as  any  educational  institution  in 
this  state  shall  adopt  text  books  published  under  this  act,  such 
institution  for  all  purposes  of  purchase  and  distribution  of  such 
books  shall  be  deemed  as  included  in  the  term  public  schools 
as  used  herein ;  provided  further,  that  the  district  board  of  any 
district,  or  the  board  of  education  of  any  city  may  designate 
a  dealer  or  dealers  in  said  school  books,  who  shall  be  authorized 
to  act  as  distributing  agents  for  said  school  district,  or  city,  in 
which  case  the  said  dealer  shall  be  allowed  a  commission  of 
fifteen  per  cent  of  the  cost  price  of  the  books  as  authorized  by 
the  State  School  Book  Commission,  which  commission  shall  be 
added  to  the  cost  price ;  provided,  however,  that  the  said  dealers 
shall  purchase  the  books  outright  from  the  state,  and  no  book 
shall  be  furnished  to  such  dealer  except  upon  the  payment  of 
cash  in  hand ;  provided  further,  that  in  counties  where  no  per- 
son or  persons  will  handle  the  books  provided  for  in  this  act  the 
county  commissioners  shall  create  a  sufficient  revolving  fund 
to  purchase  and  distribute  the  school  books  and  they  shall  name 
the  county  clerk  of  their .  respective  counties  as  purchasing 


212  TEXTBOOKS.  [CH.  28 

and  distributing  agent ;  and  under  the  direction  of  the  county 
commissioners,  when  deemed  necessary  he  may  appoint  sub- 
agents  for  the  purpose  of  distributing  the  said  school  books. 
(Laws  1915,  ch.  297,  sec.  2.) 

SEC.  630.     Requisitions;  Payment;  Shipment;  State  School 

Book  Fund.  That  section  9  of  chapter  288  of  the  Laws  of  1913 
be  amended  to  read  as  follows :  Sec.  9.  If  the  district  board  of 
education  desires  to  deal  directly  with  the  [State]  School  Book 
Commission  instead  of  through  authorized  agents,  they  shall, 
through  the  district  clerk  or  the  clerk  of  the  board  of  educa- 
tion, on  or  before  the  first  day  of  July  in  each  year,  make  upon 
the  secretary  of  said  [State]  School  Book  Commission  a  requi- 
sition for  such  books  as  such  schools  may  require,  based  upon  a 
careful  estimate  for  the  ensuing  school  year ;  provided,  that 
subsequent  requisitions  mav  be  made  from  time  to  time  during 
the  school  year  for  such  additional  books  as  may  be  needed. 
All  requisitions  shall  be  accompanied  by  cash  payments  in 
full.  The  said  school  text  books  so  procured  shall  be  sold  to 
school  districts  or  authorized  dealers  for  cash  at  prices  not  in 
excess  of  those  authorized  by  the  State  [School]  Book  Commis- 
sion, except  as  provided  in  this  act,  or  the  books  may  be  fur- 
nished free  or  loaned  to  pupils,  as  may  be  determined  by  the 
electors  in  such  city  or  districts.  On  requisitions  being  made, 
the  secretary  shall  ship  the  books,  carriage  prepaid,  to  the  rail- 
road station  nearest  to  their  destination.  All  requisitions  for 
books  by  district  clerks,  clerks  of  boards  of  education  and 
dealers  shall  be  accompanied  by  an  amount  of  money  sufficient 
to  pay  for  the  same  at  the  prices  fixed  therefor,  but  the  State 
School  Book  Commission  and  the  secretary  shall  ship  no  books 
unless  he  shall  have  received  from  the  district  clerk,  clerk  of 
the  board  of  education  or  authorized  dealers  the  full  amount 
therefor  at  the  established  price ;  provided,  that  the  president 
of  the  State  Normal  School  and  the  heads  of  other  state  edu- 
cational institutions,  or  of  other  educational  institutions 
deemed  to  be  included  as  public  schools  under  this  act,  shall, 
upon  the  same  condition  as  to  payment,  make  like  requisi- 
tions upon  the  secretary  for  books  for  use  in  the  schools  under 
their  supervision.  It  shall  be  the  duty  of  the  secretary  to 
report  to  the  state  auditor  on  or  before  the  tenth  day  of  each 
month  an  itemized  statement  of  the  number  of  books  sold  by 
him  during  the  preceding  month,  with  the  amount  received 
for  same,  and  to  pay  weekly  the  money  received  for  the  same 
into  the  state  treasury;  provided,  that  no  books  shall  be  con- 
sidered as  sold  or  reported  to  the  state  auditor  as  sold  by  said 
secretary  until  shipment  of  such  books  shall  have  been  made, 
and  no  sale  shall  be  regarded  as  made,  and  no  money  received 
from  the  sale  of  books  shall  be  paid  into  the  state  treasury 
until  the  books  for  which  such  money  was  paid  to  the  secretary 
of  the  State  [School]  Book  Commission  shall  have  been  shipped 


CH.  28]  TEXTBOOKS.  213 

by  him  to  the  purchaser.  All  moneys  received  by  the  state 
treasurer  under  the  provisions  of  this  act  shall  be  kept  by 
him  in  a  separate  fund  to  be  known  as  "the  state  school  book 
fund,"  and  shall  be  used  as  a  revolving  fund  by  said  com- 
mission for  the  purchase  of  material,  payment  of  labor,  royal- 
ties, copyrights  and  all  other  expenses  incurred  in  the  purchase 
or  publication  and  distribution  of  school  books  as  provided  in 
this  act.  (Laws  1915,  ch.  297,  sec.  3.) 

SEC.  631.  Application  and  Agreement  of  Dealer.  That  sec- 
tion 10  of  chapter  288  of  the  Session  Laws  of  1913  be  amended 
to  read  as  follows :  Sec.  10.  Any  retail  dealer  who  has  been 
designated  as  purchasing  and  distributing  agent  by  any  school 
district  board  or  board  of  education,  shall  make  application  to 
the  secretary  of  the  [State]  School  Book  Commission  accom- 
panied by  an  agreement  duly  executed,  which  shall  be  in  sub- 
stance as  follows :  "In  consideration  of  having  been  designated 
as  purchasing  and  distributing  agent  for  school  district 

No. or  for  the  city  of and  of  receiving  for  sale  on 

the  enclosed  order  or  upon  any  future  order,  the  state  series  of 
school  books  or  any  part  thereof  provided  by  the  State  School 
Book  Commission  of  Kansas,  I  hereby  agree  that  I  will  not  sell 
said  state  series  of  school  text  books  or  any  part  thereof  at  a 
price  exceeding  fifteen  per  cent  above  the  price  established  by 
the  said  State  [School]  Book  Commission."  Said  agreement 
shall  be  endorsed  by  the  county  superintendent  of  public  in- 
struction in  the  following  words,  to  wit :  "I  hereby  certify  that 
in county,  has  been  authorized  to  act  as  pur- 
chasing and  distributing  agent  for  school  district  No. ,  or 

by  the  board  of  education  for  the  city  of ."    (Laws  1915, 

ch.  297,  sec.  4.) 

SEC.  632.    Copies  of  Agreement  and  Price  Lists  Furnished. 

It  shall  be  the  duty  of  the  state  superintendent  of  public  in- 
struction to  furnish  to  each  county  superintendent  of  public 
instruction  and  each  superintendent  of  schools  in  cities  of  the 
first  and  second  class,  for  the  use  of  any  retail  dealer  in  his 
county  or  city  who  may  apply  for  permission  to  sell  the  books 
of  the  state  series,  printed  copies  of  the  above  agreement  to- 
gether with  lists  of  maximum  prices  of  such  books  as  fixed  by 
the  State  School  Book  Commission.  And  any  dealer  who  shall 
fail,  neglect  or  refuse  to  comply  with  the  condition  of  such 
agreement  shall  forfeit  his  right  to  any  further  purchases  of 
said  school  books  from  the  state.  (Laws  1913,  ch.  288,  sec.  11.) 

SEC.  633.  Penalty  for  Increase  of  Price  and  for  Use  of  Other 
Books.  That  section  13  of  chapter  288  of  the  Session  Laws 
of  1913  be  amended  to  read  as  follows :  Sec.  13.  Any  person  or 
persons  who  shall  directly  or  indirectly  demand  or  receive 
money  or  anything  of  value  for  any  book  or 'books  provided  for 
in  this  act  in  excess  of  the  price  fixed  by  the  State  School  Book 
Commission,  except  the  fifteen  per  cent  hereinbefore  provided 


214  TEXTBOOKS.  [CH.  28 

for  retail  dealers,  and  any  member  or  members  of  any  district 
board  or  board  of  education,  or  any  superintendent,  principal, 
or  teacher  of  any  public  school  in  the  state,  who  shall  adopt, 
use  or  procure  to  be  used  in  any  public  school  in  the  state,  in  the 
same  branch,  any  text  book  or  books  as  a  substitute  for  or  in 
lieu  of  any  text  book  provided  for  in  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  in  any  court  of 
competent  jurisdiction,  shall  be  punished  by  a  fine  in  any  sum 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  to  exceed 
ninety  days,  or  by  both  such  fine  and  imprisonment.  (Laws 
1915,  ch.  297,  sec.  5.) 

SEC.  634.  Supplementary  Books.  The  State  School  Book 
Commission  shall  have  authority  to  approve  supplementary 
readers  for  the  first,  second,  third  and  fourth  grades ;  and  his- 
torical, geographical,  science  and  literature  readers  for  any 
grade,  in  addition  to  the  books  adopted  or  published  under  the 
provisions  of  law,  which  books  shall  be  supplementary  to  those 
provided  for  in  section  1  of  this  act,lr>4  and  to  fix  the  price  at 
which  such  supplementary  books  shall  be  sold;  which  price 
shall  not  be  in  excess  of  the  cost  price  at  which  such  books  are 
sold  in  any  other  state,  county,  city  or  district.  The  State 
School  Book  Commission  may  contract  with  the  publishers  of 
said  supplementary  books  for  the  distribution  of  said  books  by 
the  publishers  from  some  point  within  the  state,  or  by  the 
State  School  Book  Commission  at  such  above  mentioned  price, 
not  to  exceed  fifteen  per  cent  additional  cost  for  carriage  and 
distribution.  School  district  boards  and  boards  of  education 
shall  have  authority  to  use  in  the  schools  under  their  control 
such  supplementary  books  as  are  provided  for  in  this  section ; 
provided,  that  no  such  book  shall  be  used  as  a  substitute  for  or 
in  lieu  of  any  book  printed,  published  or  adopted  by  the  State 
School  Book  Commission  as  provided  for  in  sections  1  and  2 
of  this  act;  provided  further,  that  all  supplementary  books 
herein  provided  for  shall  be  selected  from  a  list  of  books  ap- 
proved for  this  purpose  by  the  State  School  Book  Commission. 
Supplementary  school  books  approved  for  use  in  elementary 
schools  as  herein  provided  shall,  when  used,  be  purchased  by 
the  school  district  or  board  of  education,  and  shall  be  the  prop- 
erty of  the  school  district  or  city  in  which  said  books  are  used, 
and  shall  be  furnished  for  the  use  of  the  pupils  free  of  cost. 
(Laws  1915,  ch.  297,  sec.  6.) 

SEC.  635.  Annual  Report  of  School  Book  Commission.  That 
not  later  than  the  first  of  September  in  each  year,  the  State 
School  Book  Commission  shall  make  a  complete  report  to  the 
governor  of  all  the  business  transacted  by  the  commission  for 
the  fiscal  year  ending  June  30th,  next  preceding.  (Laws  1915, 
ch.  297,  sec.  7.) 

154.    Section  624  of  this  book. 


CH.  28]  TEXTBOOKS.  215 

SEC.  636.  Penalty  for  Violation  of  Act  by  Members  of  Com- 
mission. Any  member  of  the  State  School  Book  Commission 
herein  established,  violating  any  provision  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  punished 
by  fine  in  any  sum  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  a  term  of  not  less  than  thirty  days  nor  more  than  one 
year,  or  by  both  such  fine  and  imprisonment.  (Laws  1913, 
ch.  288,  sec.  14.) 

SEC.  637.    Appropriation  for  Ground,  Buildings,  Equipment 

and  Expenses.  The  sum  of  one  hundred  and  fifty  thousand 
dollars,  or 'so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  to  purchase  the  necessary  grounds  upon 
which  to  erect  and  for  the  erection  of  additional  building  or 
buildings  or  an  addition  to  the  present  state  printing  plant,  and 
for  the  purchase  of  necessary  machinery,  presses,  type,  electro- 
typing  apparatus,  and  such  other  appliances  and  equipment  as 
may  be  required  in  the  manufacture  of  the  school  textbooks 
provided  for  in  this  act.  If  the  School  Book  Commission  is  un- 
able to  purchase  the  necessary  ground  on  which  to  erect  the 
necessary  additional  building  or  buildings,  it  is  hereby  au- 
thorized to  proceed  to  institute  condemnation  proceedings  and 
to  condemn  and  appropriate  such  land  as  is  necessary.  Such 
proceedings  may  be  initiated  and  carried  to  completion  as 
nearly  as  may  be,  in  the  mode  provided  by  article  9,  chapter  23, 
of  the  Statutes  of  1909.  There  is  also  appropriated  out  of  any 
money  in -the  state  treasury  not  otherwise  appropriated,  the 
sum  of  fifty  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  to  pay  authors,  artists,  compilers,  stenographers, 
and  to  purchase  copyrights  and  plates,  and  other  supplies,  as 
provided  in  this  act.  There  is  also  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  the 
sum  of  twenty -five  thousand  dollars  as  a  revolving  fund  for  the 
purchase  of  paper,  printers'  and  binders'  material,  to  pay  for 
labor,  and  the  secretary  of  the  State  School  Book  Commission 
shall  replace  the  moneys  paid  out  of  the  revolving  fund  with 
cash  received  by  him  for  books  sold.  There  is  also  appro- 
priated, out  of  any  money  in  the  state  treasury  not  otherwise 
appropriated,  the  sum  of  two  thousand  dollars  as  a  contingent 
fund,  to  cover  postage,  express,  freight,  stenographers  and 
other  necessary  expenses  of  the  office  of  the  secretary  of  the 
State  School  Book  Commission  for  the  year  ending  June  30, 
1914,  and  two  thousand  dollars  for  similar  purposes  for  the 
year  ending  June  30,  1915.  There  is  also  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  appropriated, 
the  sum  of  five  hundred  dollars  to  pay  the  salary  of  the  secre- 
tary of  the  State  School  Book  Commission  for  the  quarter  end- 
ing June  30, 1913,  and  twenty  hundred  dollars  for  the  year  end- 
ing June  30,  1914?  and  twenty  hundred  dollars  for  the  year  end- 


216  TEXTBOOKS.  [CH.  28 

ing  June  30,  1915;  said  secretary's  term  of  office  to  begin  on 
April  1,  1913.  There  is  also  appropriated  out  of  any  money  in 
the  treasury  not  otherwise  appropriated,  the  sum  of  fifteen 
hundred  dollars  to  pay  the  necessary  expenses  of  the  said  com- 
mission. The  term  of  office  of  the  members  of  the  State  School 
Book  Commission  shall  begin  April  1,  1913.  The  state  auditor 
is  hereby  authorized  to  draw  warrants  on  the  state  treasurer 
for  the  above  amounts  in  the  manner  provided  by  law,  upon 
duly  verified  vouchers  approved  by  the  chairman  of  said  com- 
mission. The  Executive  Council  shall  provide  an  office  and  such 
office  furniture  and  fixtures  as  may  be  necessary  to  properly 
equip  the  office  of  the  secretary  of  the  State  School  Book  Com- 
mission. (Laws  1913,  ch.  288,  sec.  12.) 

SEC.  638.  Appropriation  for  1916  and  1917.  There  is  hereby 
appropriated  out  of  any  money  in  the  state  treasury,  not  other- 
wise appropriated,  to  the  State  School  Book  Commission,  for 
a  revolving  fund  for  the  making  of  school  books ;  for  the  pur- 
chase of  copyrights,  and  the  payment  of  authors,  compilers, 
critics,  artists,  editors,  stenographers,  etc. ;  for  the  salary  of 
the  secretary  and  the  expenses  of  his  office;  for  the  per  diem 
and  expenses  of  the  members  of  the  commission,  pursuant  to 
the  provisions  of  chapter  288,  Laws  of  1913,  for  the  fiscal  years 
ending  June  30,  1916,  and  June  30,  1917 : 

Revolving  fund,  $100,000;  provided  that  $40,000  of  this  fund  shall  be 
credited  by  the  state  treasurer  and  made  available  July  1,  1915;  and, 
that  $60,000  of  this  fund  shall  be  credited  by  the  state  treasurer  and 
made  available  July  1,  1916;  and  the  state  treasurer  shall  so  notify  the 
auditor  of  state  of  such  credits  and  the  auditor  of  state  .shall  make 
proper  entries  on  his  records  showing  such  transfers. 

1916.         1917. 
Purchase  of  copyrights;  payment  of  authors,  compilers, 

critics,  artists,  editors,  stenographers,  etc $15,000     $15,000 

Salary  of  secretary;  per  diem  and  expenses  of  mem- 
bers of  the  commission,  and  expenses  of  secretary's 
office 7,500  7,500 

(Laws  1915,  ch.  52,  sec."  1.) 

SEC.  639.  Appropriation  of  Unexpended  Balances.  That  the 
unexpended  balances  remaining  in  the  revolving,  copyrights, 
building  and  equipment  funds,  under  the  provisions  of  chap- 
ter 288,  Laws  of  1913,  are  hereby  made  available  for  the  fiscal 
year  ending  June  30,  1915;  and,  any  unexpended  balances  of 
said  fund  at  the  close  of  the  fiscal  year  ending  June  30,  1915, 
are  hereby  appropriated  for  the  fiscal  year  ending  June  30, 
1916 ;  and,  any  unexpended  balances  of  said  funds  at  the  close 
of  the  fiscal  year  ending  June  30, 1916,  are  hereby  appropriated 
for  the  fiscal  year  ending  June  30,  1917.  (Laws  1915,  ch.  52, 
sec.  2.) 

SEC.  640.  Warrants  Drawn  by  State  Auditor.  The  auditor 
of  state  is  hereby  authorized  to  draw  his  warrants  on  the  treas- 


CH.  28] 


SCHOOL  TEXT-BOOK   COMMISSION. 


217 


urer  of  state  from  the  several  funds  and  for  the  sums  and  for 
the  purposes  above  mentioned,  upon  presentation  of  verified 
vouchers  approved  by  the  chairman  and  secretary  of  the  State 
School  Book  Commission.  (Laws  1915,  ch.  52,  sec.  3.) 

ARTICLE  II.— School  Text-book  Commission. 

This  article  contains  the  original  state  uniformity  text-book  law  of  1897,  as  amended  by 
legislatures  of  1898,  1899,  1907,  and  1911,  reprinted  from  the  school  laws  of  1911. 
Such  parts  of  this  act  as  are  not  in  conflict  with  the  preceding  article,  sections  622  to  640 
inclusive,  of  this  book,  are  still  in  force. 


§641.   Commission;   compensation.. 

642.  Term. 

643.  First  meeting. 

644.  Texts  to  be  adopted. 

645.  Bids,   how  submitted. 

646.  Open  bids. 

647.  Secretary. 

648.  May   consider  manuscripts. 

649.  State  not  liable. 

650.  Proclamation. 

651.  Dealers  to  establish  agencies. 

652.  Estimates. 

653.  District  ownership. 

654.  Violation  of  contract. 

655.  Term  of  contract. 

656.  Blanks. 

657.  Advertise  for  bids. 


§658.  Special  meetings. 

659.  Vacancy. 

660.  Oath. 

661.  Penalties. 

662.  Basic  text-books  not  to  be  excluded. 

663.  Commission;  penalty  for  violation. 

664.  Appropriations. 

665.  Additional  texts. 

666.  Prices. 

667.  Advertising  for  bids,  etc. 

668.  Unlawful  to  sell. 

669.  Penalty. 

670.  Maps,    globes,    charts,    and  other   ap- 

paratus. 

671.  Penalties. 

672.  Regular  and  special  meetings. 


SECTION  641.  Commission.  [7810.]  That  for  the  purpose 
of  carrying  out  the  provisions  of  this  act  there  is  hereby 
created  a  School  Text-book  Commission  consisting  of  eight 
members,  to  be  appointed  by  the  governor,  by  and  with  the 
consent  of  the  senate;  provided,  that  not  more  than  five  of 
whom  shall  be  selected  from  any  one  political  party,  who  shall 
receive  as  their  only  compensation  the  sum  of  five  dollars  for 
each  day's  actual  service  at  any  regular  or  special  session,  and 
actual  expenses  in  going  to  and  returning  from  any  meeting 
herein  provided  for;  and  the  state  superintendent  of  public 
instruction  shall  be  ex  officio  chairman  of  said  School  Text- 
book Commission,  with  the  right  to  vote  upon  any  and  all 
propositions;  provided,  that  no  per  diem  shall  be  allowed  to 
any  member  of  this  commission  who  shall  at  the  time  of  service 
thereon  be  receiving  a  stated  salary  from  this  state  or  from 
any  county  or  city  therein.  (Laws  1907,  ch.  328,  sec.  1.) 

SEC.  642.  Term.  [7811]  The  term  of  -office  of  this  com- 
mission shall  be  four  years  from  the  first  Monday  in  April, 
1897,  and  at  the  expiration  of  said  term  of  office,  and  each 
succeeding  term,  the  governor  shall  appoint,  by  and  with  the 
consent  of  the  senate,  suitable  persons  members  of  this  com- 
mission. And  on  the  first  Monday  in  May  prior  to  the  ter- 
mination of  any  contract  for  the  furnishing  of  text-books  to 
the  people  of  this  state  under  this  act,  or  upon  the  termina- 
tion of  any  such  contract  or  contracts,  said  commission  shall 
have  power,  and  it  is  hereby  authorized  and  made  the  duty 
of  said  commission,  to  make  new  contract  or  contracts,  or  to 
relet  any  old  contract  or  contracts  for  the  furnishing  of  text- 
books as  provided  for  in  this  act,  and  such  commission  shall 


218  SCHOOL  TEXT-BOOK   COMMISSION.  [CH.  28 

succeed  to  all  the  powers,  duties  and  obligations  of  the  origi- 
nal commission.     (Laws  1898,  ch.  31,  sec.  1.) 

SEC.  643.  First  Meeting.  [7812]  The  time  of  meeting  for 
the  commission  herein  provided  for  shall  be  the  first  Monday  in 
May,  1897,  and  at  such  other  times  as  hereinafter  provided 
for.  (Laws  1897,  ch.  179,  sec.  3.) 

SEC.  644.  Texts  to  be  Adopted.  [7813]  The  School  Text- 
book Commission  herein  provided  for  shall  be  empowered 
and  it  is  hereby  authorized  to  select  and  adopt  a  uniform 
series  of  school  text-books  for  use  in  the  public  schools  of  the 
state  of  Kansas,  in  the  following-named  branches,  to  wit: 
Spelling,  reading,  arithmetic,  geography,  English  grammar, 
physiology  and  hygiene,  history  of  the  United  States,  civil 
government,  elements  of  algebra  and  physical  geography, 
elements  of  natural  philosophy,  bookkeeping,  and  a  graded 
series  of  writing-books;  provided,  that  the  matter  contained 
in  the  subject  of  reading  shall  consist  of  lessons  commencing 
with  the  simplest  expressions  of  English,  through  the  regular 
gradation  of  lessons  up  to  and  including  the  highest  style  of 
both  poetry  and  prose;  providing,  that  no  text-book  shall  be 
adopted  by  this  commission  that  does  not  equal  in  quality  of 
matter,  material,  binding  and  mechanical  execution,  and  ap- 
proximately equal  in  size,  the  following  text-books  in  general 
use,  namely:  The  speller  to  McGuffey's  New  Speller,  the 
readers  to  McGuffey's  Readers,  the  arithmetic  to  White's 
series  of  Arithmetic,  the  geographies  to  Rand  &  McNally's 
Geography,  the  grammar  to  Reed  and  Kellogg's  Grammars, 
the  histories  to  Barnes's  School  Histories,  the  physiology  to 
Steel's  Physiology,  the  civil  government  to  Thummel's  Gov- 
ernment of  the  United  States  with  Kansas  addendum,  ele- 
mentary algebra  to  Ray's  Algebra,  physical  geography  to  Rand 
&  McNally's  Physical  Geography,  elements  of  natural  philoso- 
phy to  Steel's  Fourteen  Weeks  in  Philosophy,  bookkeeping  to 
Bryant  &  Stratton's  graded  series,  mental  arithmetic  to 
Bailey's  Mental  Arithmetic,  and  writing  to  the  Eclectic  Copy- 
book ;  provided,  that  no  textbook  shall  be  adopted  that  contains 
anything  of  a  partisan  or  sectarian  character.  (Laws  1897, 
ch.  179,  sec.  4.) 

SEC.  645.  Bids;  How  Submitted.  [7814]  Any  person,  com- 
pany or  corporation  desiring  to  make  any  bid  or  bids  upon 
any  of  the  matters  provided  for  in  this  act  shall  submit  the 
same  in  writing,  together  with  an  unconditional  certified 
check  for  $1000  payable  to  the  chairman  of  the  commission, 
to  be  forfeited  to  the  state  if  such  party  shall  fail  to  enter 
into  proper  bond  and  make  the  required  contract  if  awarded 
to  him,  carefully  sealed  and  addressed  to  the  chairman  of  the 
School  Text-book  Commission,  Topeka,  Kan.,  and  said  chair- 
man shall  preserve  the  same,  unopened,  until  the  time  of  meet- 
ing of  said  commission.  (Laws  1897,  ch.  179,  sec.  5.) 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  219 

SEC.  646.  Open  Bids.  [7815]  At  the  first  meeting  of  this 
commission,  it  shall  receive  and  open  all  sealed  bids  and  propo- 
sitions on  the  following  matters :  First,  from  the  publisher  or 
publishers  of  school  text-books  for  furnishing  to  the  people  of 
the  state  of  Kansas,  for  use  in  the  public  schools  of  this  state 
as  provided  for  in  this  act,  for  a  term  of  five  years,  commencing 
September  1,  1897,  each  bid  stating  specifically  the  price  at 
which  each  book  is  to  be  furnished,  and  to  be  accompanied  by  a 
specimen  copy  of  each  book  to  be  furnished  in  such  bid.  Sec- 
ond, from  any  author  or  authors  of  school  text-books  who  have 
manuscript  of  books  not  published  for  the  price  at  which  they 
will  sell  their  manuscript,  properly  prepared  for  printer's 
copy,  together  with  the  copyright  of  such  books,  for  use  in 
the  public  schools  of  this  state.  Third,  From  persons  who  are 
willing  to  undertake  the  compilation  of  a  book  or  books  or 
series  of  books  provided  for  in  section  4  of  this  act,155  the  price 
at  which  they  are  willing  to  undertake  said  compilation  of  any 
or  all  of  such  books  to  the  satisfaction  of  said  commission ;  pro- 
vided, that  any  and  all  bids  by  publishers  herein  provided  for 
must  be  accompanied  by  a  bond  in  the  penal  sum  of  $50,000, 
with  resident  freehold  sureties  to  be  approved  by  the  Execu- 
tive Council  of  this  state,  conditioned  that  if  any  contract  be 
awarded  to  any  bidder  thereunder,  such  bidder  will  enter  into 
a  contract  to  and  perform  the  conditions  of  his  bid  to  the  ac- 
ceptance and  satisfaction  of  said  commission;  and  provided 
further,  that  no  bid  shall  be  considered  unless  the  same  shall 
be  accompanied  by  an  affidavit  of  the  bidder  that  he  is  in  no 
wise,  directly  or  indirectly,  connected  with  any  other  publisher 
or  firm  who  is  now  bidding  for  books  or  manuscripts  submitted 
to  said  commission,  nor  has  any  pecuniary  interest  in  any  other 
publisher  or  firm  bidding  at  the  same  time,  and  that  he  is  not  a 
party  to  any  contract,  compact,  syndicate  or  other  scheme,  in 
regard  to  exchange  of  books,  division  of  territory,  or  discount 
to  dealers,  whereby  the  benefits  of  competition  are  denied  to 
the  people  of  this  state,  and  said  commission  shall  have  the 
right  to  reject  any  and  all  bids,  and  at  their  option  shall  have 
the  right  to  reject  any  bid  as  to  part  of  such  books  and  to  ac- 
cept the  same  as  to  the  residue  thereof.  At  the  meeting  of  said 
commission  provided  for  in  section  3  of  this  act,156  said  com- 
mission shall  open  and  examine  all  sealed  bids  or  propositions 
received  pursuant  to  the  provisions  of  this  act;  and  it  shall 
further  be  the  duty  of  said  commission  to  make  a  full,  complete 
and  thorough  investigation  of  all  such  bids,  restrictions,  and 
propositions,  and  to  ascertain  under  which  such  proposition  or 
propositions  the  school  text-books  hereinbefore  provided  for 
could  be  furnished  to  the  people  of  this  state  for  use  in  the 
public  schools  at  the  lowest  price,  taking  into  consideration  the 

155.  Section  644  of  this  book. 

156.  Section  643  of  this  book.     (See,  also,  section  672.) 


220  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

size  and  quality  as  to  matter,  material,  binding  and  mechanical 
execution  of  such  books;  provided,  always,  that  such  commis- 
sion shall  not,  in  any  case,  contract  with  any  author,  publisher 
or  publishers  for  the  furnishing  of  any  book,  manuscript,  or 
copyright  of  books  which  are  to  be  sold  to  the  people  of  this 
state  for  use  in  the  public  school  at  a  price  above  or  in  excess 
of  the  following,  which  price  shall  include  all  costs  and  charges 
for  packing,  transportation  and  delivery  to  the  several  places 
hereinafter  named  in  this  state,  namely:  For  the  spelling- 
book,  10  cents;  for  the  first  reader,  10  cents;  for  the  second 
reader,  17  cents ;  for  the  third  reader,  23  cents ;  for  the  fourth 
reader,  30  cents ;  for  the  fifth  reader,  40  cents ;  for  the  mental 
arithmetic,  20  cents ;  for  the  intermediate  arithmetic.  25  cents ; 
for  the  complete  arithmetic,  35  cents ;  for  the  elementary  geog- 
raphy, 30  cents ;  for  the  complete  geography,  75  cents ;  for  the 
English  grammar,  elementary,  20  cents ;  complete  grammar, 
35  cents ;  physiology  and  hygiene,  50  cents ;  for  history  of  the 
United  States,  50  cents ;  for  elements  of  natural  philosophy,  50 
cents ;  for  civil  government,  40  cents ;  for  elementary  algebra, 
50  cents ;  for  physical  geography,  80  cents ;  for  bookkeeping, 
40  cents;  writing-books,  5  cents  each;  and  any  school-book 
company,  person  or  firm,  who  shall  contract  to  furnish  the  pub- 
lic schools  of  the  state  of  Kansas  with  school-books  under  the 
provisions  of  this  act,  shall  upon  application  of  any  school  dis- 
trict withjn  one  year  after  the  acceptance  of  the  bid,  take  up 
the  books  now  in  use,  and  they  shall  exchange  the  new  books  at 
not  more  than  50  per  cent  of  the  maximum  prices  fixed  by  the 
provisions  of  this  act;  provided,  that  any  school  district  or 
county  that  is  now  operating  under  a  contract  shall  have  the 
right  to  exchange,  on  the  same  terms,  books  for  one  year  from 
the  expiration  of  said  contract.  (Laws  1897,  ch.  179,  sec.  6.) 

SEC.  647.  Secretary.  [7816]  At  the  first  meeting  of  the 
members  of  this  commission  they  shall  select  one  of  their 
number  secretary,  whose  duty  it  shall  be  to  keep  a  correct 
record  of  all  proceedings,  votes,  and  actions  of  this  commis- 
sion, which  said  records  shall  be  deposited  in  the  office  of  the 
state  superintendent  of  public  instruction  at  all  times  when 
said  commission  is  not  in  session.  All  votes  upon  any  propo- 
sition submitted  to  this  commission  shall  be  yea  and  nay,  and 
recorded  on  the  journal  of  the  day's  proceedings.  No  person, 
except  members  of  this  commission,  shall  be  present  at  or 
cognizant  of  any  proceedings  of  this  commission,  during  any 
time  that  it  is  in  session,  and  no  member  of  this  commission 
shall,  during  any  meetings  of  this  commission,  give  any  in- 
formation to  any  person  or  persons  concerning  any  business 
transacted,  or  in  course  of  transaction  at  any  session  of  this 
commission,  until  after  all  the  business  of  the  session  is  con- 
cluded. At  the  close  of  each  session  of  this  commission  the 
proceedings  thereof  shall  be  published  in  pamphlet  form  for 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION*  221 

general  distribution  among  the  people  of  this  state.     (Laws 
1897,  ch.  179,  sec.  7.) 

SEC.  648.  May  Consider  Manuscripts.  [7817]  If,  upon  the 
examination  of  bids  and  propositions,  no  publisher  or  pub- 
lishers of  school  text-books  has  bid  within  the  provisions  of 
this  act  for  furnishing  the  school  text-books  for  use  in  the  public 
schools  of  this  state,  as  provided  for  in  this  act,  then  said  com- 
mission is  empowered  and  is  hereby  authorized  to  procure  such 
manuscript,  copyrights  and  propositions  for  the  compilation 
of  school  text-books,  as  provided  for  in  this  act,  as  will  supply 
the  schools  of  this  state,  and  advertise  for  sealed  bids  for 
publishing  the  same,  and  supplying  them  under  the  terms 
herein  prescribed  for  publishers,  and  said  contract  may  be  let 
for  the  publication  of  all  such  books,  or  for  one  or  more  of 
such  books  separately.  And  it  shall  further  be  the  duty  of  said 
commission  to  provide  in  the  contract  for  the  publication  of 
any  manuscript,  for  the  payment,  by  the  publisher,  of  the 
compensation  agreed  upon  between  such  commission  and  the 
author  or  owner  of  any  such  manuscript,  for  such  manuscript. 
(Laws  1897,  ch.  179,  sec.  8.) 

SEC.  649.  State  Not  Liable.  [7818]  It  shall  be  a  part  of 
the  terms  and  conditions  of  any  contract  made  in  pursuance 
of  this  act,  that  the  state  of  Kansas  shall  not  be  liable  to  any 
contractor  or  contractors  for  any  sum  of  money  whatever, 
but  that  all  such  contractors  shall  receive  their  pay  and  com- 
pensation solely  and  exclusively  from  the  proceeds  of  the  sale 
of  the  book  or  books  provided  for  in  this  act.  (Laws  1897, 
ch.  179,  sec.  9.) 

SEC.  650.  Proclamation.  [7819]  As  soon  as  such  commis- 
sion shall  have  entered  into  any  contract  for  the  furnishing  of 
text-books  for  use  in  the  public  schools  of  this  state,  pursuant 
to  the  provisions  of  this  act,  the  state  superintendent  of  public 
instruction  shall  notify  the  governor  of  such  fact,  and  it  shall 
be  the  duty  of  the  governor  to  issue  his  proclamation  an- 
nouncing such  fact  to  the  people  of  the  state,  and  immediately 
after  the  issuing  of  such  proclamation  by  the  governor  it  shall 
be  the  duty  of  the  state  superintendent  of  public  instruction 
to  notify  the  county  superintendents  of  the  various  counties  of 
this  state  of  the  books  agreed  upon  and  selected,  together  with 
the  contract  prices  thereof.  (Laws  1897,  ch;  179,  sec.  10.) 

SEC.  .651.  Dealers  to  Establish  Agencies.  [7820]  Within 
thirty  days  after  the  issuing  of  the  proclamation  by  the  gov- 
ernor of  this  state  provided  for  in  this  act,  any  person,  persons, 
company  or  corporation,  having  contracted  for  the  furnishing 
of  school  text-books  to  the  people  of  this  state  for  use  in  the 
public  schools  thereof,  shall  arrange  with  at  least  one  dealer 
or  agent  at  the  county  seat  in  each  county  of  this  state,  and  in 
each  city  of  the  first,  second  and  third  class  in  this  state,  for 
the  handling,  sale  and  exchange  of  the  school-books  provided 


222  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

for  in  this  act.157  Such  dealer  or  agent  shall  be  allowed  to 
charge  the  people  of  this  state  a  commission  not  exceeding 
ten  per  cent  on  the  contract  price  established  in  this  act  for 
the  handling  and  sale  of  such  books;  provided,  that  any  per- 
son, company  or  corporation  having  a  contract  under  the  pro- 
visions of  this  act  shall  be  required  to  furnish  books  to  any 
citizen  or  school  district  in  Kansas  at  the  same  price  and  on 
the  same  terms  as  provided  for  the  furnishing  of  such  books 
to  dealers  or  agents  in  cash  orders  of  not  less  than  ten  dollars 
each,  and  deliver  the  same  at  any  railroad  station  in  Kansas 
mentioned  in  such  order.  (Laws  1909,  ch.  68,  sec.  1.) 

SEC.  652.  Estimates.  [7821]  At  the  annual  school  meeting 
to  be  held  in  the  various  school  districts  in  this  state  in  1897, 
and  at  each  annual  meeting  thereafter,  and  at  the  meeting  of 
the  board  of  education  of  cities  of  the  first  or  second  class,  an 
estimate  shall  be  made  of  the  number  of  school  text-books 
needed  in  each  of  said  schools  for  the  term  next  commencing 
therein,  and  the  clerk  of  each  school  district,  and  the  clerk  of 
the  board  of  education  in  each  city  of  the  first  or  second  class, 
shall  report  the  same  to  the  county  superintendent  of  public 
instruction  immediately,  and  not  later  than  the  1st  day  of 
August  next  thereafter;  and  the  county  superintendent  of 
public  instruction  shall,  as  soon  as  possible,  and  not  later  than 
August  10  of  each  year,  and  oftener  if  the  necessity  of  the 
schools  require  it,  make  out  his  requisition  from  the  reports 
so  received,  and  from  other  sources,  and  send  it  to  the  school- 
book  publisher  or  publishers  having  contracts  under  the  pro- 
visions of  this  act,  stating  therein  the  number  of  books  of  each 
kind  needed  for  the  schools  of  such  county.  (Laws  1897,  ch. 
179,  sec.  12.) 

SEC.  653.  District  Ownership.  [7822]  At  any  annual 
school  meeting  of  any  school  district  in  this  state,  or  at  any 
regular  election  in  cities  of  the  first  or  second  class,  a  proposal 
may  be  submitted  to  the  district  or  city  of  the  first  or  second 
class,  as  the  case  may  be,  to  purchase,  own  and  furnish  school 
text-books  as  provided  for  in  this  act  for  use  in  the  public 
schools  thereof,  free  of  charge  to  the  pupils  of  said  school  dis- 
trict, or  cities  of  the  first  or  second  class;  and  if  it  shall  be 
found  that  a  majority  of  the  legal  electors  in  said  school  dis- 
trict or  city  of  the  first  or  second  class  shall  have  voted  in  favor 
of  district  ownership,  then  it  shall  become  the  duty  of  the 
school  board  or  board  of  education  in  cities  of  the  first  and 
second  class  to  purchase,  furnish  and  supply  the  pupils  of  the 
said  district  or  city  of  the  first  or  second  class,  under  such  pro- 
visions and  regulations  as  may  be  prescribed  by  the  school- 
district  board,  or  board  of  education  in  cities  of  the  first  or 

157.  The  contractor  is  required  to  consign  the  books  to  such  agencies. 
The  law  does  not  require  the  agent  to  purchase  the  books  from  the  con- 
tractor, but  he  is  to  hold  the  same  on  consignment. 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  223 

second  class,  such  text-books  as  may  be  found  necessary,  as 
provided  for  in  this  act;  and  for  the  purpose  of  carrying  out 
the  provisions  of  this  section  the  school  board  and  the  board 
of  education  of  cities  of  the  first  or  second  class  are  hereby 
empowered  to  pay  for  the  same  out  of  any  incidental  funds  in 
their  hands  belonging  to  such  district  or  city.  (Laws  1909, 
ch.  216,  sec.  1.) 

SEC.  654.  Violation  of  Contract.  [7823]  Upon  the  filing 
of  a  written  complaint  with  the  state  superintendent  of  public 
instruction,  by  the  county  superintendent  of  public  instruction 
of  any  county  in  this  state,  or  superintendent  of  schools  of 
any  city  of  the  first  or  second  class,  charging  any  publisher 
or  publishers,  person,  company  or  corporation  with  violating 
the  conditions  of  said  contract  as  is  provided  for  in  this  act, 
the  attorney-general  is  hereby  instructed,  and  it  shall  be  his 
duty,  to  investigate  the  same,  and  if  he  finds  probable  cause 
for  action,  he  shall  immediately  begin  proceedings  in  the  .name 
of  the  state  to  enforce  the  penalties  of  the  bond  or  bonds  pro- 
vided for  in  this  act;  provided,  that  in  all  actions  brought  by 
the  attorney-general  under  the  provisions  of  this  act  no  se- 
curity for  costs  shall  be  required.  (Laws  1897,  ch.  179, 
sec.  14.) 

SEC.  655.  Term  of  Contract.  [7824]  Every  contract  with 
any  person,  company  or  corporation,  publisher  or  publishers 
of  the  school  text-books  for  use  in  the  schools  of  this  state  shall 
be  for  five  years  from  the  date  thereof ;  and  no  school-district 
board  or  board  of  education  of  any  city  of  the  first  or  second 
class  shall  adopt,  use,  or  permit  to  be  used  any  other  school 
text-books  than  those  provided  for  in  this  act;  provided,  that 
nothing  herein  contained  shall  be  construed  to  prevent  the 
teachers  and  pupils  of  this  state  from  using  any  school  text- 
book other  than  those  provided  for  in  this  act  as  reference 
books  in  such  schools;  and  provided  further,  that  nothing 
herein  contained  shall  be  construed  to  apply  to  the  use  of 
school  books  in  branches  other  than  those  mentioned  in  this 
act,  nor  shall  anything  herein  be  construed  to  apply  to  coun- 
ties now  under  contract  for  county  uniformity  of  text-books, 
until  said  contract  or  contracts  shall  have  expired,  or  with 
school  districts  or  cities  of  the  first  or  second  class  having 
such  contract  until  such  contract  shall  have  expired  according 
to  the  terms  which  have  been  agreed  to  in  writing;  and  pro- 
vided, at  the  expiration  of  such  contracts  such  counties,  school 
districts  and  cities  of  the  first  or  second  class  shall  thereafter 
be  governed  by  the  provisions  of  this  act.  (Laws  1897,  ch. 
179,  sec.  15.) 

SEC.  656.  Blanks.  [7825]  It  shall  be  the  duty  of  the  at- 
torney-general of  the  state  to  furnish  blank  contracts  to  the 
state  superintendent  of  public  instruction  for  the  purpose  of 


224  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

carrying  out  the  provisions  of  this  act.    (Laws  1897,  ch.  179, 
sec.  16.) 

SEC.  657.  Advertise  for  Bids.  [7826]  It  shall  be  the  duty 
of  the  superintendent  of  public  instruction  of  this  state,  so 
soon  as  this  law  goes  into  effect,  to  advertise  in  the  official 
state  paper,  for  at  least  four  consecutive  weeks,  for  bids  and 
proposals  as  provided  for  in  section  5  of  this  act.158  ^(Laws 
1897,  ch.  179,  sec.  17.) 

SEC.  658.  Special  Meetings.  [7827]  Special  meetings  of 
this  commission  may  be  held  at  any  time  on  the  call  of  the 
state  superintendent  of  public  instruction;  provided,  that  the 
first  session  of  this  commission  shall  not  continue  longer  than 
ten  days,  and  no  special  session  any  longer  than  four  days. 
(Laws  1897,  ch.  179,  sec.  18.) 

SEC.  659.  Vacancy.  [7828]  If  any  member  of  this  com- 
mission should  die,  or  resign,  or  become  in  any  way  incapaci- 
tated for  serving  on  such  commission,  the  vacancy  thereby 
created  shall  be  filled  by  appointment  made  by  the  governor 
of  the  state ;  provided,  that  such  vacancy  always  shall  be  filled 
from  the  same  political  party  to  which  the  person  so  removed 
belonged.  (Laws  1897,  ch.  179,  sec.  19.) 

SEC.  660.  Oath.  [7829]  No  member  of  this  commission 
shall  enter  upon  the  discharge  of  his  duties,  until  he  has  taken 
and  subscribed  to  an  oath  to  support  the  constitution  of  the 
United  States,  the  constitution  of  the  state  of  Kansas,  and 
honestly  and  faithfully  fulfill  and  discharge  the  duties  of  his 
office  according  to  law.  (Laws  1897,  ch.  179,  sec.  20.) 

SEC.  661.  Penalties.  [7830]  Any  person,  or  persons,  who 
shall  directly  or  indirectly  demand  or  receive  any  money, 
promise,  or  any  other  thing  of  value  for  any  book  or  books 
provided  for  in  this  act,  in  excess  of  the  contract  price,  to- 
gether with  ten  per  cent  herein  provided  for  for  dealers  or 
agents,  and  any  member  of  any  such  district  board,  or  any 
member  of  any  school  board  in  any  city  of  the  first  or  second 
class,  or  any  teacher  of  any  school  who  shall  adopt,  use  or 
permit  to  be  used,  or  cause  to  be  used  in  any  public  school  of 
this  state,  any  other  text-book  or  books  than  those  provided 
for  in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  in  any  court  of  competent  jurisdiction  shall 
be  fined  in  any  sum  not  less  than  $25  or  more  than  $100,  or 
by  imprisonment  in  the  county  jail  not  to  exceed  ninety  days, 
or  by  both  such  fine  and  imprisonment ;  provided,  that  in  es- 
timating the  price  at  which  the  dealer  or  agent  may  sell 
books  under  the  provisions  of  this  act,  the  total  amount  of 
each  sale  shall  not  vary  to  exceed  one-half  of  one  cent  above 
the  contract  price,  plus  ten  per  cent  provided  for  herein. 
(Laws  1897,  ch.  179,  sec.  21.) 

158.    Section  645  of  this  book. 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  225 

SEC.  662.  Basic  Text-books  Not  to  be  Excluded.  That  the 
board  of  education  shall  not  authorize  or  permit  any  teacher 
or  other  employee  to  exclude  as  a  basic  text-book  any  text-book 
or  other  adoption  now  or  hereafter  adopted  under  authority 
of  the  General  Statutes  of  this  state,  and  any  violation  of  this, 
act  shall  render  the  violator  liable  to  the  same  penalties  as  pre~ 
scribed  in  chapter  179,  Laws  of  1897.  (Laws  1911,  ch.  267,. 
sec.  4.) 

SEC.  663.  Commission;  Penalty  for  Violation.  [7831]  Any 
member  of  the  commission  herein  established  violating  any 
of  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  less  than 
$100  nor  more  than  $500  and  be  imprisoned  in  the  county 
jail  for  a  term  not  Less  than  one  year,  and  upon  conviction 
shall  forfeit  his  office.  (Laws  1897,  ch.  179,  sec.  22.) 

SEC.  664.  Appropriation.  [7832]  For  the  purpose  of  pay- 
ing mileage  and  per  diem  to  the  members  of  this  commis- 
sion, printer's  fees,  postage  and  expense  of  meetings,  there  is 
hereby  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated  the  sum  of  $2500,  or  so  much  thereof 
as  shall  be  necessary  to  carry  out  the  provisions  of  this  act. 
The  auditor  of  state  is  hereby  authorized  to  draw  his  warrant 
on  the  state  treasurer  for  the  amount  of  per  diem  and  com- 
pensation due  to  each  member  of  said  commission  or  to  par- 
ties performing  services  under  the  provisions  of  this  act ;  and 
provided  further,  the  sum  of  $10,000,  or  so  much  thereof  as 
may  be  needed,  is  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  to  buy  manuscript  under 
the  provisions  of  this  act,  should  it  become  necessary  for  the 
purchase  of  such  manuscript  as  provided  in  this  act,  and  the 
state  treasurer  is  thereupon  directed  to  pay  such  warrant; 
provided,  such  accounts  be  verified  as  provided  in  other  cases 
and  approved  by  the  state  superintendent  of  public  instruction. 
(Laws  1897,  ch.  179,  sec.  23.) 

SEC.  665.  Additional  Texts.  [7833]  The  School  Text- 
book Commission  provided  for  in  chapter  179,  Laws  of  1897, 
snail  be  authorized  and  empowered,  and  it  is  hereby  made 
their  duty,  to  adopt  uniform  school  text-books  for  use  in  the 
public  schools  of  the  state  of  Kansas  in  the  following  branches, 
to  wit:  A  primer,  a  primary  reading  chart,  and  a  graded 
series  of  drawing-books  or  drawing  portfolios,  geometry  (the 
work  to  include  both  plane  and  solid  geometry),  Latin  gram- 
mar, Latin  exercises,  Caesar,  Cicero,  Virgil,  general  history, 
history  of  Kansas,  English  history,  rhetoric,  English  litera- 
ture, botany,  zoology,  chemistry,  word  analysis,  geology,  Ger- 
man exercises,  German  grammar,  and  descriptive  astronomy; 
provided,  however,  that  no  books  shall  be  adopted  by  this 
commission  that  do  not  equal  in  subject-matter,  material, 
—15 


226  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

binding,  and  mechanical  execution,  and  approximately  equal 
in  size,  the  following  books,  viz. :  The  primer,  to  Werner's 
Primer,  and  to  contain  not  less  than  ninety-six  pages,  including 
colored  illustrations  and  number  lessons;  the  drawing-books 
or  drawing  portfolios,  to  Walter's  Industrial  Drawing;  read- 
ing chart,  to  Wooster's  Primary  Reading  Chart;  the  geometry 
(the  work  to  include  both  plane  and  solid  geometry) ,  to 
Phillips  and  Fisher's  Elements  of  Geometry  (abridged)  ;  the 
Latin  grammar,  to  Harkness's  Latin  Grammar.;  the  Latin  exer- 
cises, to  Collar  and  Daniel's  First  Latin  Book;  the  Cassar, 
to  Harkness's  Caesar;  the  Cicero,  to  Allen  and  Greenough's 
Cicero ;  the  Virgil,  to  Harper  and  Miller's  Virgil's  ^Eneid ;  the 
general  history,  to  Myers'  General  History;  the  English  his- 
tory, to  Montgomery's  English  History;  the  rhetoric,  to 
Genung's  Elements  of  Rhetoric ;  English  Literature,  to  Shaw's 
Outline  to  English  and  American  Literature;  the  botany,  to 
Bergen's  Elements  of  Botany ;  zoology,  to  Packard's  Elements 
of  Zoology ;  chemistry,  to  Shepard's  Inorganic  Chemistry ;  geol- 
ogy, to  Dana's  Text-book  of  Geology  (Rice)  ;  word  analysis, 
to  Swinton's  Word  Analysis;  German  exercises,  to  Collar- 
Eysenbach's  German  Lessons;  German  grammar,  to  Otto's 
German  Conversation  Grammar;  descriptive  astronomy,  to 
Todd's  Astronomy.  (Laws  1899,  ch.  176,  sec.  1.) 

SEC.  666.  Prices.  [7834] 159  Said  commission  shall  in  no 
case  contract  with  any  author,  publisher  or  publishers  for  the 
furnishing  of  any  book  or  books,  manuscript  or  copyright 
of  book  or  books,  which  are  to  be  sold  to  the  people  of  this 
state  for  use  in  the  public  schools  at  a  price  above  or  in  excess 
of  the  following,  which  price  shall  include  all  cost  and  charges 
of  packing,  transportation  and  delivering  of  books  to  the  re- 
tail dealers  and  purchasers  in  the  state  of  Kansas :  For  the 
primer,  12  cents;  for  the  drawing-books  or  portfolios,  10 
cents ;  for  the  geometry,  80  cents ;  for  the  Latin  grammar,  75 
cents;  for  the  Latin  exercises,  60  cents;  for  the  Cassar,  75 
cents;  for  the  Cicero,  75  cents;  for  the  Virgil,  75  cents;  for 
the  general  history,  90  cents;  for  the  English  history,  75  cents; 
history  of  Kansas,  consisting  of  at  least  300  pages,  at  a  cost 
not  to  exceed  60  cents;  for  the  rhetoric,  75  cents;  for  the 
astronomy,  70  cents;  for  the  German  exercises,  70  cents;  for 
the  German  grammar,  80  cents ;  for  the  English  literature,  75 
cents;  for  the  botany,  75  cents;  for  the  zoology,  80  cents;  for 
the  chemistry,  75  cents ;  for  the  geology,  80  cents ;  for  the  word 
analysis,  20  cents ;  provided,  however,  that  retail  dealers  shall 
be  entitled  to  add  ten  per  cent  to  the  above-stated  prices  as 
profit  for  handling  and  sale  of  the  books  adopted  by  the  com- 
mission in  compliance  with  the  provisions  of  this  act.  (Laws 
1899,  ch.  176,  sec.  2.) 

159.    This  section  was  repealed  by  the  legislature  of  1915,  ch.  297, 
sec.  8. 


CH.  28]  SCHOOL   TEXT-BOOK   COMMISSION.  227 

SEC.  667.  Advertising  for  Bids.  [7835]  The  method  of  ad- 
vertising for  bids,  of  receiving  bids,  the  requirements  of  bid- 
ders, the  opening  of  bids,  the  awarding  and  duration  of  con- 
tracts, the  filing  and  approval  of  bonds  on  the  part  of  any  per- 
son, persons,  firm  or  corporation  who  may  desire  to  bid  or  to 
whom  a  contract  is  awarded  under  this  act,  the  delivering  of 
books  to  dealers  or  purchasers  and  the  commission  for  dealers; 
shall  be  the  same  as  is  provided  in  chapter  179?  Laws  of 
1897.160  (Laws  1899,  ch.  176,  sec.  3.) 

SEC.  668.  Unlawful  to  Sell.  [7552]  It  shall  be  unlawful 
for  any  person  to  sell  to  any  school  board  or  board  of  educa- 
tion in  the  state  of  Kansas,  or  to  solicit  the  purchase  by  any 
school-district  board  or  board  of  education,  of  any  chart,  map, 
globe,  or  other  school  apparatus,  except  scientific  apparatus 
for  high  schools,  unless  the  same  shall  have  been  submitted  to 
the  School  Text  Book  Commission  of  the  state  of  Kansas,  and 
by  them  approved  and  a  maximum  price  fixed  therefor.  (Laws 
1901,  ch.  308,  sec.  1.) 

SEC.  669.  Penalty.  [7553]  Any  person  who  shall  sell  to 
any  school-district  board  or  board  of  education  of  any  city  of 
the  first  or  second  class  within  the  state  of  Kansas  any  chart, 
map,  globe,  or  other  school  apparatus,  except  scientific  appa- 
ratus for  high  schools,  which  has  not  been  approved  by  the 
School  Text  Book  Commission  of  the  state  of  Kansas,  and  any 
person  who  shall  request  or  endeavor  to  persuade  any  such 
school-district  board  or  board  of  education,  or  any  member 
thereof,  to  purchase  any  chart,  map,  globe  or  other  school 
apparatus  the  sale  of  which  is  hereby  prohibited,  shall  be 
guilty  of  a  misdemeanor,  and  subject  to  a  fine  of  not  exceeding 
$200  for  each  offense.  (Laws  1901,  ch.  308,  sec.  2.) 

SEC.   670.     Maps,   Globes,   Charts,   and   Other   Apparatus. 

[7836]  It  shall  be  unlawful  for  any  school-district  board  or 
board  of  education  of  any  city  of  the  first  or  second  class  to 
purchase  or  contract  for  any  chart,  map,  globe  or  other  school 
apparatus,  except  scientific  apparatus  for  high  schools,  unless 
the  same  shall  have  been  submitted  to  the  School  Text-book 
Commission  at  a  regular  or  special  session,  and  by  them  ap- 
proved, and  a  maximum  price  therefor  fixed  by  said  School 
Text-book  Commission.161  (Laws  1899,  ch.  176,  sec.  4.) 

SEC.  671.  Penalties.  [7837]  The  punishment  for  the  vio- 
lation of  the  provisions  of  this  act,  or  of  any  contract  in  pur- 
suance thereof,  or  for  the  use  of  any  book  in  the  schools  not 
provided  for  by  the  commission  in  pursuance  of  this  act, 
whether  on  the  part  of  the  commission  or  any  member  thereof, 
or  any  school  board  or  board  of  education  or  member  thereof, 
or  of  any  teacher,  shall  be  the  same  as  prescribed  in  chapter 

160.  See  section  645  of  this  book. 

161.  The  law  does  not  apply  to  the  purchase  of  school  furniture,  refer- 
ence books,  or  dictionaries. 


228  SCHOOL   TEXT-BOOK   COMMISSION.  [CH.  28 

179,  Laws  of  1897;  provided,  that  nothing  in  this  act  shall 
be  construed  to  apply  to  any  book  used  as  a  book  of  reference. 
(Laws  1899,  ch.  176,  sec.  5.) 

SEC.  672.  Meetings.  [7838]  The  School  Text-book  Com- 
mission shall  meet  in  regular  session  on  the  first  Monday  in 
May,  1899,  said  session  to  continue  not  longer  than  ten  days, 
and  special  meetings  may  be  held  as  provided  in  chapter  179 
of  the  Session  Laws  of  1897,  of  which  this  act  is  supple- 
mental.162 (Laws  1899,  ch.  176,  sec.  6.) 

162.    See  section  658  of  this  book. 


CH.  29] 


TOBACCO  AND  CIGARETTES. 


229 


CHAPTER  XXIX,— Tobacco  and  Cigarettes. 


175.  Penalty    for    selling    or    giving    away 
cigarettes  or  tobacco. 


§673.   Unlawful     to     sell     or     give     away 

cigarettes  or  cigarette  papers. 
674.   Penalty    for   smoking,    using   or   fur- 
nishing  cigarettes  or  tobacco. 

SECTION  673.  Unlawful  to  Sell  or  Give  Away  Cigarettes  or 
Cigarette  Papers.  [2930]  It  shall  be  unlawful  for  any  person, 
company  or  corporation  to  sell  or  give  away  any  cigarettes 
or  cigarette  papers  or  to  have  any  cigarettes  or  cigarette  pa- 
pers in  or  about  any  store  or  other  place  for  free  distribution 
or  sale.  (Laws  1909,  ch.  257,  sec.  1.) 

SEC.  674.  Penalty  for  Smoking  or  Using  or  Furnishing  Ciga- 
rettes or  Tobacco.  [2931]  Every  minor  person  who  shall 
smoke  or  use  cigarettes,  cigars  or  tobacco  in  any  form  on  any 
public  road,  street,  alley,  park  or  other  lands  used  for  public 
purposes,  or  in  any  public  place  of  business,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  for 
each  offense  by  a  fine  of  not  more  than  ten  dollars,  and  every 
person  who  shall  furnish  cigarettes,  cigars  or  tobacco  in  any 
form  to  such  minor  person,  or  who  shall  permit  such  minor 
person  to  frequent  any  premises  owned,  held  or  managed  by 
him,  for  the  purpose  of  indulging  in  the  use  of  cigarettes, 
cigars  or  tobacco  in  any  form,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less 
than  $25  nor  more  than  $100.  (Laws  1909,  ch.  257,  sec.  2.) 

SEC.  675.  Penalty  for  Selling  or  Giving  Away  Cigarettes  or 
Tobacco.  [2932]  Every  person,  company  or  corporation  vio- 
lating any  of  the  provisions  of  section  1  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  $25  nor  more  than  $100.  (Laws  1909,  ch. 
257,  sec.  3.) 


230  WARRANTS  AND  BONDS   LOST.  [CH.  30 


CHAPTER  XXX.— Warrants  and  Bonds  Lost  and  Destroyed. 


§676.  Duplicates  may  be  issued. 

677.  Mutilated   warrant   or  bond. 

678.  Affidavit   and  bond. 


§679.   Correspond  with  original. 
680.   Record  of  duplicates. 


SECTION  676.  Duplicate  May  be  Issued.  [638]  Whenever 
any  bond  or  warrant  of  the  state  or  territory  of  Kansas,  or 
any  county,  city,  township,  or  school  district,  shall  become 
so  far  mutilated  as  to  become  unfit  for  circulation,  or  shall 
be  lost  or  destroyed,  a  duplicate  thereof  may  be  issued  by 
the  officer  authorized  by  law  to  issue  such  bonds  or  warrants, 
under  the  regulations  and  restrictions  hereinafter  prescribed. 
(G.  S.  1868,  ch.  15,  sec.  1.) 

SEC.  677.  Mutilated  Warrant  or  Bond.  [640]  On  the  de- 
livery to  the  proper  officer  of  any  mutilated  bond  or  warrant, 
a  duplicate  of  such  bond  or  warrant  shall  be  issued  as  herein 
provided.  (G.  S.  1868,  ch.  15,  sec.  3.)  , 

SEC.  678.  Affidavit  and  Bond.  [561]  A  duplicate  for  a 
lost  or  destroyed  bond  or  warrant  shall  not  be  issued  until 
there  shall  have  been  filed  with  the  proper  officer  an  affidavit 
of  some  person  knowing  the  facts,  setting  forth  the  owner- 
ship of  such  bond,  the  description  thereof,  the  number  of 
coupons  thereto  attached,  and  the  manner  of  its  loss  or  de- 
struction, and  until  there  shall  have  been  executed  and  filed 
with  the  same  officer  an  indemnifying  bond,  with  securities 
to  be  approved  by  such  officer,  in  a  sum  equal  to  double  the 
amount  of  such  warrant  or  bond  and'  the  coupons  attached, 
conditioned  that  the  parties  thereto  shall  pay  all  damages 
which  the  state,  county,  city,  township,  or  school  district,  as 
the  case  may  be,  may  sustain  if  compelled  to  pay  such  lost  or 
destroyed  bonds  or  coupons.  (G.  S.  1868,  ch.  15,  sec.  4.) 

SEC.  679.  Correspond  with  Original.  [639]  Such  duplicate 
shall  correspond,  in  number,  date,  amount  and  coupons,  with 
the  original  bond  or  warrant,  and  shall  have  indorsed  on  its 
face,  and  on  the  face  of  each  coupon,  by  the  officer  issuing 
the  same,  the  word  ''Duplicate,"  together  with  the  date  of  its 
issuance.  (G.  S.  1868,  ch.  15,  sec.  2.) 

SEC.  680.  Record  of  Duplicates.  [642]  Any  officer  issuing 
duplicates  under  this  act  shall  keep  a  record  showing  the 
numbers,  dates  and  amounts  of  such  mutilated,  lost  or  de- 
stroyed bonds  or  warrants,  and  the  number  of  coupons  thereto 
attached,  together  with  the  date  of  issuance  of  the  duplicate 
therefor,  and  the  names  of  the  persons  to  whom  issued. 
(G.  S.  1868,  ch.  15,  sec.  5.) 


CH.  31] 


WARRANTS,   REGISTRATION   OF. 


231 


CHAPTER  XXXI.^Warrants,  Registration  of. 


5681.  How  and  to  whom  drawn. 

682.  Shall  be  sworn  to  before. 

683.  Shall   be  signed  by   and   attested  by. 

684.  Record  of  all  warrants. 

685.  All    warrants    countersigned  by. 


§686.  Payment  of  warrants. 

687.  Indorsed  when  no  funds. 

688.  Publication  of  lists. 

689.  Delivery  of  books  to  successor. 

690.  Penalty. 


SECTION  681.  How  and  to  Whom  Drawn.  [7263]  All  war- 
rants shall  be  drawn  to  the  order  of  the  person  or  persons 
entitled  to  receive  the  same,  and  shall  specify  the  nature  of 
the  claim  or  service  for  which  they  were  issued  and  out  of 
what  funds  payable;  and  the  term-  "warrants,"  as  used  in 
this  act,  shall  be  understood  to  include  all  orders  of  any  kind 
or  description  authorized  by  law  to  be  drawn  on  public  treas- 
urers for  money  payments.  (Laws  1891,  ch.  249,  sec.  1.) 

SEC.  682.  Sworn  to.  [7264]  No  warrants  shall  be  issued 
except  under  due  authority  as  provided  by  law;  and  no  war- 
rants shall  be  issued  or  authorized  by  any  board  of  county 
commissioners,  city  council,  township  board,  school-district 
board,  or  board  of  education,  except  on  audited  account  duly 
itemized  in  writing  and  verified  by  affidavit,  setting  forth  that 
the  same  is  just  and  correct  and  remains  due  and  unpaid;  and 
for  the  purpose  of  such  affidavit,  the  chairman  of  the  county 
board,  the  mayor  of  the  city,  the  township  trustee,  the  director 
of  the  school  district,  and  the  president  of  the  board  of  educa- 
tion, and  the  respective  clerks  thereof,  shall  have  power  to 
administer  oaths.  (Laws  1891,  ch.  249,  sec.  2.) 

SEC.  683.  Signed  and  Attested.  [7265]  County  warrants 
shall  be  signed  by  the  chairman  of  the  board  of  county  com- 
missioners, and  attested  by  the  clerk;  city  warrants  shall  be 
signed  by  the  mayor,  and  attested  by  the  city  clerk;  town- 
ship warrants  shall  be  signed  by  the  township  trustee,  and 
attested  by  the  township  clerk;  school-district  warrants  shall 
be  signed  by  the  director,  and  attested  by  the  clerk;  bonrd 
of  education  warrants  shall  be  signed  by  the  president,  and 
attested  by  the  clerk.  (Laws  1891,  ch.  249,  sec.  3.) 

SEC.  684.  Record.  [7266]  The  clerk  of  every  county, 
township,  city,  school  district,  or  board  of  education  shall 
keep  a  correct  record  of  all  warrants  drawn  on  the  treasury 
of  such  county,  township,  city,  school  district,  or  board  of 
education,  showing  the  number,  date  and  amount  thereof,  on 
what  fund  drawn,  and  the  name  of  the  person  or  persons  to 
whom  the  same  are  made  payable.  (Laws  1891,  ch.  249, 
sec.  4.) 

SEC.  685.  Countersigned.  [7267]  Before  delivering  any 
warrant  to  the  person  or  persons  for  whose  benefit  the  same 


232  WARRANTS,   REGISTRATION   OF.  [CH.  31 

is  drawn,  the  clerk  shall  present  the  same  to  the  treasurer, 
who  shall  enter,  in  a  book  by  him  kept  for  that  purpose,  the 
number,  date  and  amount  of  such  warrant,  on  what  fund 
drawn,  and  the  name  of  the  payee,  and  thereupon  counter- 
sign the  warrant  upon  the  face  thereof.  (Laws  1891,  ch.  249, 
sec.  5.) 

SEC.  686.  Payment.  [7268]  It  shall  be  the  duty  of  the 
treasurer  of  any  county,  city,  township,  school  district  or 
board  of  education  to  pay  on  presentation  any  warrant  prop- 
erly drawn  on  any  fund  in  his  custody  by  virtue  of  his  office, 
and,  when  paid,  write,  across  the  face  of  such  warrant  the 
word  "Paid"  in  red  ink,  and  sign  the  same;  provided,  that 
there  is  sufficient  money  in  his  possession  belonging  to  the 
fund  upon  which  such  warrant  is  drawn  to  pay  the  same. 
(Laws  1891,  ch.  249,  sec.  6.) 

SEC.  687.  Indorsed.  [7269]  In  case  there  is  not  sufficient 
money  in  the  hands  of  such  treasurer  to  pay  any  warrant  when 
presented,  he  shall  indorse  thereon  a  proper  registered  num- 
ber, in  the  regular  order  of  its  presentation,  and  the  words, 
"Presented  and  not  paid  for  want  of  funds,"163  with  date,  and 
sign  said  indorsement;  and  he  shall  record  in  his  warrant 
register  the  number,  amount  and  date  of  all  such  warrants, 
to  whom  payable,  and  the  date  when  presented  for  payment, 
and  their  register  number  as  indorsed  thereon,  and  such 
warrants  shall  be  paid  in  the  order  of  their  presentation  as 
shown  by  such  register ;  and  no  warrants  shall  be  received  for 
taxes  by  any  county  treasurer  unless  he  shall  have  in  cash  a 
sufficient  sum  to  redeem  all  warrants  having  such  priority  over 
the  warrants  so  offered  for  taxes.  (Laws  1891,  ch.  249,  sec.  7.) 

SEC.  688.  Publication  of  Lists.  [7270]  It  shall  be  the  duty 
of  any  treasurer,  whenever  any  money  comes  into  his  hands 
by  virtue  of  his  office,  to  set  apart  a  sufficient  sum  to  pay  any 
or  all  warrants  that  have  been  registered  in  compliance  with 
the  provisions  of  this  act,  and  to  keep  the  same  until  called 
for;  and  it  shall  be  the  duty  of  every  county,  township  and 
school-district  treasurer  to  publish  in  the  official  county  paper, 
and  of  every  city  treasurer  and  board  of  education  to  publish 
in  the  official  city  paper,  between  the  1st  and  15th  days  of 
February  and  August  in  each  year,  a  call  for  the  redemption 
of  such  warrants  as  he  can  pay,  describing  the  warrants  by 
giving  their  issue  number,  register  number,  and  amount ;  and 
interest  shall  cease  on  each  of  said  warrants  on  and  after  such 
publication.  (Laws  1891,  ch.  249,  sec.  8.) 

SEC.  689.  Books  Delivered.  [7271]  Every  county,  city 
and  township  treasurer  and  every  treasurer  of  a  school  dis- 
trict or  board  of  education  shall,  upon  the  expiration  of  his 

163.    Such  warrants  bear  six  per  cent  interest  until  paid. 


CH.  31]  WARRANTS,   REGISTRATION   OF.  233 

term  of  office,  deliver  to  his  successor  the  warrant  register 
containing  the  lists  of  warants  originally  recorded  and  counter- 
signed, and  presented  and  registered,  who  shall  in  all  things 
act  as  though  the  entries  of  such  warrants  were  made  by  him- 
self. (Laws  1891,  ch.  249,  sec.  9.) 

SEC.  690.  Penalty.  [7272]  Any  officer  of  any  county,  city, 
township,  school  district  or  board  of  education  who  shall  sign 
or  attest  any  warrant  not  duly  authorized  by  the  proper  board 
or  city  council,  and  any  treasurer  who  shall  countersign  any 
warrant  not  theretofore  signed  and  attested  by  the  proper 
officers  as  required  in  this  act,  shall  be  liable  to  the  county, 
city,  township,  school  district  or  board  of  education  in  the  sum 
of  such  warrant ;  and  any  such  officer  who  shall  violate  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  of 
not  less  than  $50  nor  more  than  $500.  (Laws  1891,  ch.  249, 
sec.  10.) 


234  FRANCIS   WILLARD   DAY.  [CH.  32 


CHAPTER  XXXII.— Frances  Willard  Day. 

§691.   Observance  in  public  schools. 

SECTION  691.  Observance  of  Frances  Willard  Day  in  Public 
Schools.  That  September  28,  or  the  school  day  in  each  year 
hereafter  nearest  to  said  date,  shall  be  set  apart  and  designated 
as  "Frances  Willard  Day" ;  and,  in  every  public  school  in  the 
state  of  Kansas,  one  quarter  of  the  school  day  shall  be  set 
apart  for  instruction  and  appropriate  exercises  relative  to  the 
history  and  benefits  of  the  prohibitory  amendment  to  the  con- 
stitution and  the  prohibitory  laws  of  the  state  of  Kansas.  It 
shall  be  the  duty  of  all  state,  county,  city,  and  school  district 
officers,  and  of  all  public  school  teachers  in  the  state,  to  carry 
out  the  provisions  of  this  act.  (Laws  1915,  ch.  305,  sec.  1.) 


INDEX. 

Pff.  Sec. 

Academies,  eligible  for  normal  training  without  state  aid 185  544 

Accredited  colleges: 

application  for  approval 31  54 

examined  by  State  Board  of  Education 31  55 

graduates  receive  state  certificates 32  58 

graduates  with  practice-teaching 32  59 

Act  of  admission,  educational  provisions 7 

Adjacent  territory  attached  for  school  purposes: 

cities  first  class 51  118 

cities  second  class „ 63  161 

Age  certificate,  employed  children 43  99 

Age  certificates,   inspected 44  100 

Age,  compulsory  attendance  75  204 

Age,  school: 

cities  second  class 63  160 

school   districts    117  323 

Agriculture : 

special  normal-school  certificates 33  66 

special   state  certificates 28  49 

state  aid  in  normal  training  high  schools 185  546 

Agricultural  College.     (See  State  Agricultural  College.) 

Aid  to  high  schools: 

county  aid,  population  less  than  10,000 146  423 

state  aid,  agriculture  and  domestic  science 185  546 

state  aid,  normal  training 184  542 

Alcoholic  stimulants: 

pupils  instructed  in  effects 42  95 

teachers  examined  on  effects 42  95 

Annexation  of  school  districts  to  other  districts 99  267 

division  of  districts  annexed 99  268 

Annexation  of  territory  to  city 113  306 

appeal    114  308 

value  of  property 113  307 

Annual  meeting: 

board  of  education,  cities  first  and  second  class.  .  . 46  105 

consolidated  school  district 103  280 

graded   school   district 103  280 

school   district    103  280 

union  district 103  280 

(See,  also,  District,  annual  meeting.) 

Annual  report: 

board  of  education,  cities  first  class 55  135 

board  of  education,  cities  second  class 68  182 

clerk  of  joint  district 121  338 

county  superintendent   90  238 

district  clerk    120  335 

trustees  of  county  high  school 143  410 

Annual  school  fund 200 

apportioned  how    202  608 

consists  of  what .  . 200  596 

county  treasurers  receive 200  599 

distributed  by  state  superintendent 202  608 

paid  to  county  treasurers  by  state  treasurer 200  598 

paid  to  district  treasurers  by  county  treasurer 200  600 

(235) 


236  INDEX. 

Annual  school  fund — concluded.  Pg-  S»e. 

payment  by  insurance  companies 200  601 

report  of  state  treasurer  to  state  superintendent 193  570 

state  treasurer  to  keep  separate  account 193  570 

state  treasurer  to  receive 200  597 

subject  to  order  of  state  superintendent 200  597 

Aplington   Art   Gallery 178  526 

management 178  527 

part  of  Kansas  traveling  libraries 178  527 

Apparatus : 

purchase  without  approval,  penalty 227  670 

sale  without  approval,  penalty   227  668 

Appeal : 

adjustment  of  property,  district  annexed  to  city 114  308 

appraisement  of  condemned  property,  cities   49  113 

appraisement  of  land  condemned  for  site    Ill  304 

conviction  in  juvenile  court   172  509 

formation  or  alteration  of  school  districts 94  247 

joint  district  boundaries   102  278 

juvenile  court  to  district  court   167  488 

Appendages  for  schoolhouse    127  361 

Apportionment  of  funds: 

Barnes  high  schools   150  442 

cities,  towns  or  villages  under  special  law 130  372 

Appraisement,  cities: 

appeal 49  113 

appointment  of  commissioners 48  111 

notice  of  appraisal   49  112 

report  of  commissioners    49  112 

Appraisement,  school  districts: 

appointment  of  appraisers   Ill  303 

schoolhouse,  change  of  site Ill  302 

site  condemned    Ill  304 

Appropriation : 

agriculture  and  domestic  science  in  high  schools 185  546 

industrial    training    160  473 

normal  institute  fund    182  538 

normal  training  high   schools    185  545 

state  aid  to  school  districts   108  295 

State  School  Book  Commission: 

ground,  building,  equipment,  etc 215  637 

revolving  fund  and  expenses,  1916,  1917 216  638 

unexpended  balances    216  639 

Art  gallery.    (See  Aplington  Art  Gallery.) 

Assistant  state  superintendent  public  instruction: 

appointment 201  606 

duties 201  606 

oath 201  606 

salary 201  606 

Asylums,  education  of  children  in   80  212 

Attachment  of  territory: 

cities  first   class    51  118 

cities  second   class    63  161 

Attendance,  compulsory.    (See  Compulsory  attendance.) 

Attendance  of  pupils,  daily  record 126  360 

Attorney-general : 

advise  state  superintendent   202  610 

collect  money  due  the  state 194  571 

enforce  law,  estates  of  deceased  persons  without  heir 197  584 

examine  bonds  and  proceedings   191  563 

member  board  of  school-fund  commissioners 190  560 


INDEX.  237 

Auditor.    (See  State  auditor.) 

Barnes  high  schools.    (See  High  schools,  Barnes  law.)  PS-  See. 

Bible  may  be  used  in  schools 56  137 

69  184 

Bids,  when  required,  cities  second  class 69  183 

Biennial  report  of  state  superintendent   203  615 

Blanks  for  common  schools: 

distributed  by  county  superintendents 203  611 

prepared  by  state  superintendent. 203  611 

Blind  children  must  be  sent  to  school 79  210 

Board  of  education,  cities  of  the  first  class: 

annual  meeting    46  105 

annual  report 55  135 

attach   adjacent  territory 51  118 

body  corporate   45  102 

bond  of  clerk 52  122 

bonds,  estimate 56  142 

bonds,  petition  for  election 57  143 

clerk    46  106 

condemn  property  for  school  purposes 48  111 

dealers  in  school  books  designated 211  629 

deficiency  shall  not  be  created 56  142 

districts,  city  divided  into 55  131 

election     45  102 

•  election,  commission-governed  cities 45  104 

eminent  domain   48  110 

estimates  of  cost  of  sites  and  buildings 56  142 

examining  committee   47  108 

expenditures,  limit  without  contract 56  136 

fire   protection    133  382 

fiscal  year   . . 46  105 

high-school  fraternites,  expulsion  of  members 158  467 

high-school  teachers,  certificates 30  52 

incapacitated  children  examined 75  204 

industrial  training  provided 159  469 

investment  of  sinking  fund 58  146 

investment  of  teachers'  retirement  fund 187  552 

kindergartens f 174  516 

liability  for  bonds  issued  in  excess  of  amount  voted 57  143 

limit  of  authority  to  levy  tax 54  128 

manual  training 52  119 

may  sue  in  its  own  name 55  132 

meetings,  regular  and  special 55  134 

members,  nomination,  election,  term 45  102 

members  receive  no  pay 53  124 

members  shall  not  be  city  commissioners  nor  members  of 

city  council    45  102 

money  levied  to  pay  coupons 61  154 

night  schools 179  528 

nomination  and  election  commission-governed  cities 45  104 

pay  cost  of  condemnation  proceedings 50  114 

penalty  for  failure  to  provide  for  fire  protection 134  386 

penalty  for  refusal  to  levy  tax  for  payment  of  coupons ....  60  153 

permit  temporary  absence 76  205 

personal  liability  of  members 56  142 

playgrounds,  purchase  or  lease 54  129 

powers    52  119 

president    52  120 

purchase  of  supplementary  textbooks 214  634 

purchase  of  textbooks,  revolving  fund 211  629 

refund  outstanding  bonds 59  150 


238  INDEX. 

Board  of  education,  cities  of  the  first  class — concluded.  PS.  Sec. 

registry  and  signing  of  refunding  bonds .  .  60  151 

remove  employees    46  105 

right  of  eminent  domain 48  110 

school  books  sold  to  patrons 211  629 

school  buildings  opened,  certain  uses 47  109 

school-fund  depositories 50  116 

school  property  held  by  board 55  132 

school  property,  sale  of 55  133 

superintendent  of  schools , 47  107 

tax: 

buildings    53  126 

industrial  training 159  468 

interest  and  sinking  fund   58  145 

interest  and  sinking  fund,  bonds  to  take  up  warrants,  62  158 

interest  coupons,  refunding  bonds   60  152 

playgrounds 55  130 

support  of  schools   53  126 

taxes  collected  subject  to  order  of  board 54  127 

term  of  members   45  102 

treasurer 52  123 

truant  officers    76  205 

vacancies,  how  filled    45  103 

vacancy  in  examining  committee 53  125 

Board  of  education,  cities  of  the  second  class: 

vice  president    52  121 

additional  school  grounds  72  196 

annual  meeting 46  105 

annual  report 68  182 

attach  adjacent  territory   63  161 

body  corporate 45  102 

body  corporate,  name    65  167 

bonded  indebtedness  of  annexed  territory 113  307 

bonds : 

authorized 69  185 

election  70  187 

repairs,  with  approval  of  state  superintendent 69  185 

warrants   outstanding    72  197 

denominations,  payment,  interest,  signature 72  198 

clerk 65  166 

bond 66  173 

compensation 65  166 

duties 46  106 

election  .  .    . 65  166 

may  be  member  of  board   65  166 

term 65  166 

condemn  property  for  school  purposes 48  111 

condemn  site  for  schoolhouse Ill  304 

dealers  in  school  books  designated   211  629 

election 45  102 

election,  commission-governed  cities  45  104 

examining  committee    47  108 

exclude  children  between  ages  of  five  and  seven 63 

expenditures 69  183 

fire  protection    133  382 

fiscal  year   46  105 

high-school  teachers,  certificates 30 

high-school  fraternities,  expulsion  of  members 158  467 

incapacitated  children,  examination   75  204 

industrial  training  provided    159  469 

investment  of  sinking  fund   71  190 


INDEX.  239 

Board  of  education,  cities  of  the  second  class — concluded.  Pf-  Sec. 

issue  bonds  to  pay  outstanding  warrants 70  188 

kindergartens 174  516 

meeting's 68  181 

members  for  attached  territory  63  161 

members,  nomination,  election,  term   45  102 

members  shall  not  be  city  commissioners  nor  members  of 

city   council 45  102 

night  schools 179  528 

nomination  and  election,  commission-governed  cities 45  104 

oath  of  office   68  180 

officers 65  166 

organization 65  166 

pay  cost  of  condemnation  proceedings 50  114 

payment  for  buildings  by  time  warrants  or  bonds 72  195 

penalty  for  failure  to  provide  for  fire  protection 134  386 

permit  temporary  absence    76  205 

powers    65  170 

president,  duties    66  171 

election 65  166 

property  conveyed  to  by  city 65  168 

property  held  by  board 65  167 

purchase  of  supplementary  textbooks 214  634 

purchase  of  textbooks,  revolving  fund   211  629 

remove  employees   46  105 

right  of  eminent  domain  48  110 

sale  of  bonds  (for  outstanding  warrants) 73  199 

school  books  sold  to  patrons   211  629 

school  buildings  opened  for  certain  uses 47  109 

school-fund  depositories  designated   50  116 

superintendent  of  schools   47  107 

tax: 

buildings 71  194 

indebtedness 68  177 

industrial  training   '.  . . .  159  468 

interest  and  sinking  fund 71  189 

interest  and  sinking  fund,  outstanding  warrants 73  200 

support  of  schools    67  176 

tax  levy,  limitation 68  177 

tax  levy,  limitation,  certain  cities    68  178 

treasurer,  bond   67  175 

duties 67  175 

election   66  174 

truant  officers,  appointment   76  205 

vacancies,  how  filled    45  103 

validity  of  official  acts    73  201 

vice  president,  duties  66  172 

election 65  166 

Board  of  education,  cities  of  the  third  class: 

condemn  property  for  school  purposes. 48  111 

condemnation  proceedings,  cost  50  114 

right  of  eminent  domain 48  110 

school-fund  depositories  designated    50.  116 

Board  of  Education,  State.    (See  State  Board  of  Education.) 
Bond: 

care  of  delinquent  children 169  493 

county   superintendent    87  234 

district  treasurer    122  345 

secretary  State  School  Book  Commission 208  623 

state  superintendent  of  public  instruction 201  604 

treasurer,  board  of  education,  cities  first  class 52  123 

treasurer,  board  of  education,  cities  second  class 67  175 

treasurer,  board  of  trustees,  county  high  school 140  397 


240  INDEX. 

Bonded  indebtedness:  Pg.  Sec. 

disorganized    districts    98  264 

merged  districts 22  33 

refunding  of '. .  16  20 

report  of  district  clerk  and  clerk  of  board  of  education  to 

county  clerk   122  343 

school  district  annexed  to  city 113  306 

territory  annexed  to  city   113  307 

Bonds 9 

additional  bonds,  hearing,  election 12  7 

application  to  vote  additional  bonds   11 

application  to  vote  additional  bonds  heard  by  commission..  12  7 

cancellation  by  state  treasurer   15  18 

cancellation  of  bonds  and  coupons  paid 198  590 

consolidated  bonds    197  585 

registration 197  586 

examined  by  attorney-general 191  563 

limitations  modified    11  4 

must  be  offered  to  School-fund  Commission 194  572 

payable  at  office  of  state  treasurer 15  15 

payment  before  maturity 14  13 

15  14 

penalty  for  neglect  of  duty 15  19 

purchased  by  School-fund  Commission 191  563 

record  of  bonds  purchased  by  School-fund  Commission 192  568 

register  of  auditor  and  treasurer  compared 198  591 

register  of  bonds  offered  to  School-fund  Commission 191  563 

remittance  of  funds  to  state  treasurer 15  17 

School-fund  Commission  may  authorize  increase  in  amount,  11 

state  treasurer  to  furnish  statement  of  amount  due 15  16 

(See,  also,  Warrants  and  bonds  lost  and  destroyed.) 

Bonds,  board  of  education,  cities  of  first  class: 

authority  to  issue 56  142 

election   57  143 

estimate  of  cost  of  sites  and  buildings 56  142 

interest  paid  when  due 59  147 

limitation 57  143 

outstanding  warrants 61  155 

denominations  61  156 

payable,  when 61  156 

signature    61  156 

sold  at  par 62  157 

tax  for  interest  and  sinking  fund 62  158 

payment  of  interest  and  principal  secured 59  147 

purchased  with  sinking  fund 58  146 

rate  of  interest,  when  payable .' .  58  144 

refunding  bonds  authorized 59  150 

registry  of  bonds  by  clerk  of  board 59  149 

registry,  refunding  bonds 60  151 

security    59  148 

tax  levy  for  interest  and  sinking  fund 58  145 

Bonds,  board  of  education,  cities  of  the  second  class: 

authority  to  issue 69  185 

bonds  for  repairs  and  heating  plants 69  185 

bonds  to  pay  outstanding  warrants 72  197 

denominations,  payment,  interest,  signature 72  198 

sale .  73  199 

tax  for  interest  and  sinking  fund „ 73  200 

election,  cities  second  class 69  185 

execution    70  186 

four-year  bonds  for  buildings 71  194 


INDEX.  241 

Bonds,  board  of  education,  cities  of  the  second  class — concluded.    Pff-  Sec. 

interest  paid  when  due 71  191 

interest  not  to  exceed  five  per  cent 69  185 

issued  for  what  purposes 69  185 

limit  of  bonded  indebtedness 69  185 

limit  of  bonds  in  certain  cities 70  186 

payable  in  twenty  years 69  185 

registry 71  193 

security 71  192 

tax  levy  for  interest  and  sinking  fund 71  189 

Bonds,  county  high  school,  population  under  6000: 

authorized    145  419 

election  145  420 

limitation    145  421 

unlawful   use 145  422 

Bonds,  refunding: 

board  of  education,  cities  first  class 59  150 

payable  within  twenty  years 59  150 

rate  of  interest 59  150 

refunded  bonds  canceled  and  destroyed 59  150 

registered  and  signed 60  151 

bonded  indebtedness  may  be  refunded 16  20 

bonds  and  coupons  paid  and  canceled 21  30 

certified  statement  of  proceedings 18  24 

county  treasurer  to  levy  tax 19  27 

coupons  receivable  for  taxes 22  32 

disorganized  districts    - 24  39 

failure  to  levy  tax  for  interest  and  sinking  fund 19  26 

indebtedness  to  be  canceled 17  22 

indebtedness  not  to  be  increased 19  25 

installment  bonds  may  be  issued 20  28 

limitation  of  bonded  indebtedness 17  22 

merged  district,  district  officers  may  refund 22  33 

election  to  refund , 23  37 

form  of  bond 22  34 

law  governing  indebtedness 24  38 

levy  for  interest  and  sinking  fund 23  35 

suits  respecting  bonds 23  36 

no  refunding  within  two  years  of  issue - 17  22 

penalty  for  failure  to  levy  tax 19  26 

penalty  for  wrongful  use  of  funds 22  31 

record  of  proceedings  School-fund  Commission 199  595 

refunded  bonds  canceled 18  24 

registration    18  24 

School-fund  Commission  may  receive 198  593 

signed  by  whom 16  21 

sinking  fund  to  be  created 20  28 

sinking  fund,  investment  of 21  29 

stamped  by  auditor  and  charged  to  treasurer 198  594 

tax  levy  for  interest  and  sinking  fund 19  26 

Bonds,  school  district: 

authority  to  issue 9  1 

canceled  and  destroyed  on  payment 14  12 

denominations 11  3 

disorganized    district    24  39 

disposal    11  3 

election     9  1 

conducted  under  general  election  laws 10  2 

notice  of  election 10  2 

ordered  by  district  board 10  2 

petition    9  1 

—16 


242  INDEX. 

Bonds,  school  district — concluded,  !'&•  *'*<•• 

interest,    rate   of 11  3 

interest  payable  semiannually 11  3 

limitation  of  amount 9  1 

payable  within  fifteen  years 11  3 

penalty  for  issue  without  authority 13  11 

penalty  for  unauthorized  use  of  bonds 13  11 

purpose  for  which  issued 9  1 

refunding    outstanding   warrants ; 17  23 

registration  12  9 

school  census    9  1 

signed  by  director  and  clerk 11  3 

tax  levy  for  interest  and  sinking  fund 12  9 

union  or  graded  school  district 130  369 

Books  of  reference  not  excluded  by  State  School  Book  Commis- 
sion     210  627 

Boundaries,  school  district: 

changed  by  county  superintendent 93  245 

description  furnished  to  county  clerk 95  250 

map  furnished  to  assessors 96  251 

reestablished  in  case  of  error 96  253 

reestablished,  records  lost  or  destroyed 96  252 

Branches  taught  in  district  schools 114  309 

Buildings : 

boards  of  education  may  open 47  109 

bonds  for  buildings,  cities  first  class 56  142 

cities  second  class  70  188 

school   districts    9  1 

county  high  schools   141  403 

estimate  of  cost,  cities  first  class   56  142 

limitation  of  cost,  cities  second  class 71  194 

tax  levy  for  buildings,  cities  first  class 53  126 

tax  levy  for  buildings,  certain  cities  second  class 71  194 

Business   colleges    25 

notes  or  contracts  void,  when 26  44 

penalty  for  canvassing  without  permit   25  43 

permit  to  canvass   25  40 

permit  shown  by  agent   25  42 

revocation  of  permit    25  41 

Census,  annual  school : 

items  recorded    79  209 

oath  of  parent 79  209 

Certificate  of  age,  employed  children: 

based  on  school  census 43  99 

form 43  99 

inspection • 44  100 

obtained  by  employers  43  99 

Certificates,  teachers' : 

cancellation 35  74 

42  94 

common  school  certificates  issued  by  State  Normal  School,  32  60 

county   certificates    36 

applicants  from  other  counties   37  78 

elementary  schools    38  86 

examinations 36  77 

first   grade 39  89 

renewal 39  89 

grades  of  county  certificates   38  86 

high-school  credits  for  second  and  first  grade 40  90 

exemption 41  91 


INDEX.  243 

Certificates,  teachers' — continued.  PO-  Sec. 
indorsement  of  first-  and  second-grade  certificates  in 

other  counties    38  86 

issued  by  county  board  of  examiners 36  77 

issued  only  on  examination   42  93 

record  of  candidates  by  county  superintendent 87  235 

renewal  of  first  grade   39  89 

41  91 

revocation 42  94 

second  grade    39  88 

graduates  of  county  high  schools 143  409 

temporary 41  92 

third    grade    .  .  . . 39  87 

valid  in  elementary  schools  in  county  where  issued ...  38  86 

county  high-school  graduates 143  409 

districts  employing  ten  or  more  teachers 42  96 

industrial  training 159  470 

issued  by  other  states   34  68 

life   certificates    28  47 

life  diplomas  28  48 

normal   institutes    181  534 

conductors 181  534 

instructors 181  534 

normal  training  certificates   . 29  50 

examination 29  50 

expenses 29  50 

fee  paid  by  applicant   29  50 

fee  paid  by  high  school  29  50 

graduates  from  normal  training  high  schools 29  50 

renewal 29  50 

term,  two  years 29  50 

registration : 

by  county  superintendent  or  clerk  of  board 34  69 

by  state  superintendent    34  67 

state  certificates: 

cancellation 35  74 

certificates  issued  in  other  states 34  68 

countersigned  by  state  superintendent   27  45 

diploma  of  State  Normal  School 32  60 

elementary    schools    27  46 

29  51 

examination 27  46 

28  47 

graduates  of  accredited  institutions 31  56 

life  certificate    31  56 

three-year   certificate    31  56 

high-school  teachers ; 30  52 

high  schools   .' 27  46 

28  47 

lapsed  life  certificates   28  47 

no  revival  by  statute   35  75 

renewal 35  73 

life  certificates  by  renewal  of  three-year 28  47 

life  diplomas    28  48 

registration  by  county  superintendent  or  clerk 34  69 

registration  by  state  superintendent   34  67 

renewal : 

lapsed  certificates   .  .  . 35  73 

special   certificates    28  49 

three-year  certificates    27  46 

28  47 

29  51 


244  INDEX. 

Certificates,  teachers' — concluded.  Pg.    Sec. 

revocation 42  94 

signed  by  state  superintendent 34  67 

special  certificates   28  49 

agriculture 28  49 

commercial  branches    .« 28  49 

domestic  art    28  49 

domestic  science    28  49 

drawing 28  49 

kindergarten 28  49 

manual  training    28  49 

music 28  49 

physical  training    28  49 

State  Board  of  Education  may  issue 27  45 

204  617 

temporary  certificates    , 30  53 

three-year  elementary    29  51 

three-year  renewable  for  life 28  47 

three-year  renewable  for  three-year  periods 27  46 

valid,  where 27  45 

void,  when    35  73 

State  Normal  School  certificates: 

certificates  issued  before  September  1,  1916 33  65 

common-school  certificate 32  60 

diploma 33  64 

diploma  a  legal  certificate   32  60 

life  certificate    33  63 

one-year  certificate    33  61 

registration 34  69 

special   certificates    33  66 

three-year  certificates    33  62 

Challenge,  voter  at  district  meeting 104  284 

Chancellor  State  University,  member  State  Board  of  Education,  204  616 

Change  of  site Ill  302 

Charts: 

purchase  without  approval,  penalty 227  670 

sale  without  approval,  penalty  227  668 

Child  labor 43 

age  certificates  inspected    44  100 

children  under  fourteen 43  97 

children  under  sixteen  .  . 43  98 

penalty 44  101 

Children: 

arrested  children  under  sixteen  years  of  age 167  487 

jurisdiction  of  juvenile  court 167  487 

attendance  at  school  compulsory 75  204 

children  in  asylums  to  be  educated % 80  212 

detention  home  for  homeless   ." 170  498 

delinquent  children    163  478 

care 166  485 

care  to  be  parental   168  491 

committed  to  care  of  probation  officer 166  485 

custody 165  482 

custody   revoked    166  486 

dependent  or  neglected  children   163  478 

adoption 165  484 

care 165  483 

custody 169  494 

custody  revoked    166  486 

jurisdiction  of  juvenile  court 172  505 

employment 43  97 


INDEX.  245 

Children — concluded.  Pg.  Sec. 

age  certificate 43  99 

age  certificate  inspected    44  100 

children  under  fourteen 43  97 

children  under  sixteen     43  98 

penalty 44  101 

exclusion  of  children  under  seven  years,  cities  second  class,  63  160 

incapacitated,  exempt  from  school  attendance 75  204 

Cigarettes,  unlawful  to  sell  or  give  away 229  673 

Cities 45 

Cities  of  the  first  and  second  class 45 

Cities  of  the  first  class 48 

adjacent  territory  attached   51  118 

annual  report,  board  of  education 55  135 

board  of  education   45  102 

(See,  also,  Board  of  education,  cities  first  class.) 

bonds 56  142 

bonds  for  outstanding  warrants 61  155 

city  composes  school  district   55  131 

course  of  study  for  common  schools  not  required 115  315 

definition,  city  first  class    51  117 

dental  inspection,  cities  of  40,000   56  139 

certificate  of  inspection  56  141 

employment  of  dentists   56  140 

regulations 56  140 

election,  board  of  education   45  104 

eminent  domain,  right  of   48  110 

examining   committee    47  108 

expenditures,  board  of  education;  contracts 56  136 

fire  marshal  shall  inspect  school  buildings   133  382 

free  textbooks  provided  if  authorized  by  vote 211  629 

high-school  teachers   30  52 

investment  of  sinking  fund 58  146 

limit  tax  levy  board  of  education  54  128 

minimum  term  eight  months   106  288 

money  levied  to  pay  coupons  61  154 

night  schools    .  179  528 

nomination  and  election,  board  of  education 45  104 

penalty  for  refusal  to  levy  tax  for  payment  of  coupons. . .  60  153 

playgrounds,  purchase  or  lease  54  129 

property  appraised  and  condemned  for  school  purposes.  .  .  48  111 

registration  of  certificates   34  69 

religious  doctrine    56  137 

right  of  eminent  domain 48  110 

sale  of  property 55  133 

school  buildings  may  be  opened  for  certain  uses 47  109 

school  fund  depositories    50  116 

school  property  exempt  from  taxation 56 

school  property  held  by  board  of  education  55  132 

sectarian  doctrine    56  137 

separate  district  for  truancy  act   77  206 

separate  schools  for  white  and  colored  children 52  119 

superintendent  of  schools   47  107 

taxation : 

annual  levy  for  support  of  schools 53  126 

interest  coupons,  refunding  bonds    60  152 

interest  and  sinking  fund 58  145 

limitations 54  128 

playgrounds 55  130 

(See,  also,  Taxation,  cities  first  class.) 

taxes  subject  to  order  of  board  of  education 54  127 


246  INDEX. 

Cities  of  the  first  class — concluded.  Pg-  Sec. 

teachers'  retirement  fund   187  551 

territory  annexed,  indebtedness   113  306 

title  to  condemned  land,  appeal 49  113 

treasurer  board  of  education   52  123 

truant  officer 77  206 

vacancy  in  board  of  education 45  103 

vacancy  in  examining  committee 53  125 

vacancy,  officers  and  employees  of  board  of  education 46  105 

(See,  also,  Board  of  education,  cities  first  class.) 

Cities  of  the  first,  second  and  third  class 48 

Cities  of  the  second  class 62 

additional  school  grounds 72  196 

adjacent  territory  may  be  attached 63  161 

annual  report  board  of  education 68  182 

appeal,  title  to  condemned  land 49  113 

board  of  education 45  102 

(See,  also,  Board  of  education,  cities  second  class.) 

bonds    69  185 

bonds,  limit  in  certain  cities 70  186 

contract  required,  when 69  183 

conveyance  of  property  to  board  of  education 65  168 

execution  of  conveyance 65  169 

course  of  study  for  common  schools  not  required. 115  315 

definition,  cities  second  class , 62  159 

election  board  of  education 45  104 

elections,  expense  paid  by  board  of  education 64  163 

eminent  domain,  right  of 48  110 

examining  committee  .  . 47  108 

execution  of  conveyance  of  property 65  169 

expenditures   69  183 

fire  protection 133  382 

free  common  schools 63  160 

free  textbooks  provided  if  authorized  by  vote 211  629 

high-school  teaclv  vs    30  52 

indebtedness  of  territory  annexed 113  306 

investment  of  sinking  fund 71  190 

length  of  school  term 63  160 

minimum  term  eight  months 106  288 

night    schools    179  528 

nomination  and  election,  board  of  education 45  104 

payment  for  buildings  by  time  warrants  or  bonds 71  194 

public  schools  a  body  corporate 65  167 

property  appraised  when  condemned  for  school  purposes.  . .  48  111 

property  condemned 48  111 

property  of  territory  annexed 113  306 

registration  of  state  certificates 34  69 

right  of  eminent  domain 48  110 

school  age   63  160 

school  buildings  opened  for  certain  use 47  109 

school  elections,  expenses 64  163 

school  fund  depositories 50  116 

sectarian  doctrine   69  184 

separate  district  for  truancy  act 77  206 

superintendent  of  schopls 47  107 

taxation 67  176 

annual  school  tax 67  176 

buildings,  certain  cities 71  194 

interest  and  sinking  fund 71  189 

interest  and  sinking  fund,  outstanding  warrants 73  200 

limitation  .                                                      68  177 


INDEX.  247 

Cities  of  the  second  class — concluded.  Pff-  Sec. 

limitation,  certain  cities 68  178 

to  pay  indebtedness 68  177 

whole  city  taxed 68  179 

territory  attached,  vote  of  residents 64  162 

territory  detached  by  county  superintendent 64  165 

territory  in  school  district  remains  attached,  city  changed 

from  third  to  second  class 64  164 

treasurer  of  board  of  education 66  174 

truant  officer 76  205 

Cities  of  the  third  class 73 

change  to  second  class 64  164 

course  of  study  for  common  schools  not  required 115  315 

defined    73  202 

eminent  domain,  right  of 48  110 

no  portion  detached  from  school  district 74  203 

one  school  district . 74  203 

property  appraised  and  condemned 48  111 

school-fund    depositories 50  116 

schools  governed  as  district  schools 73  202 

tax  levy  limited ' 105  286 

territory  in  school  district  remains  attached,  city  changed 

from  third  to  second  class 64  164 

title  to  condemned  land,  appeal 49  113 

Cities  under  special  law  receive  public  school  fund 130  372 

City  attorneys,  assist  probation  officers 168  489 

Clerk,  board  of  education,  cities  of  first  class: 

bond    52  122 

certify  number  of  members  of  board  to  be  elected 45  104 

duties 46  106 

register  bonds 59  149 

registration  of  state  certificates 34  70 

report  certificates  registered 35  72 

school  books,  requisition  for. 212  630 

school  books,  sale  to  patrons 211  629 

sign  refunding  bonds 60  151 

Clerk,  board  of  education,  cities  second  class : 

bond    66  173 

certify  number  of  members  of  board  to  be  elected 45  104 

compensation 65  166 

duties    46  106 

election     65  166 

may  be  member  of  board 65  166 

register  bonds 71  193 

register  state  certificates 34  70 

school  books,  requisition  for 212  630 

school  books,  sale  to  patrons , 211  629 

term    65  166 

Clerk,  board  of  education,  city,  town  or  village  under  special 

law,  report  to  county  superintendent 130  372 

Clerk,  rural  high  school  district,  certify  tax  levy 154  457 

Colleges : 

accredited  by  State  Board  of  Education 31  54 

examined  by  State  Board  of  Education 31  55 

graduates  may  receive  state  certificates 32  58 

Collegiate  department  of  state  school  system 5 

Colored  children,  separate  schools,  cities  first  class 52  119 

Commercial  branches: 

special  normal  school  certificates 33  .66 

special  state  certificates 28  49 


248  INDEX. 

Commissioners,  state  school  fund.      (See  School-fund  commis- 
sioners.) 

Common-school  diploma:  P<J.  Sec. 

average  grade  required 116  318 

credit  on  school  work 116  318 

examinations 116  319 

dates   116  319 

expense  paid  by  county 116  319 

grade  required   116  318 

grades  of  80  per  cent  carried  two  years 116  318 

places 116  319 

questions  prepared  by  State  Board  of  Education 117  320 

subjects    116  318 

uniform  examinations  throughout  the  state 116  319 

granted  on  completion  of  course  of  study 116  317 

rural  and  graded  schools 116  317 

Common-school  fund: 

fines,  penalties,  etc 85  230 

religious  sect  shall  not  control 6 

money  unclaimed   85  229 

Common  schools: 

course  of  study  prepared  by  state  board  of  education 114  310 

fines  applied  for  support 6 

(See,  also,  Districts.) 
Compensation : 

assistants  to  State  Board  of  Education 115  312 

board  of  county  examiners 36  76 

clerk  board  of  education,  cities  second  class 65  166 

county  superintendent    91  239 

members  State  Board  of  Education 204  616 

members  State  School  Book  Commission 207  622 

parents  for  conveying  pupils Ill  300 

probation  officers   163  479 

secretary  State  Board  of  Education 205  618 

secretary  State  School  Book  Commission 208  623 

state  superintendent  public  instruction .  201  605 

treasurer  board  of  education,  cities  first  class 52  123 

truant  officers 78  207 

trustees,  county  high  schools 143  412 

Compulsory   education    75 

Compulsory  school  attendance 75  204 

age  eight  to  fifteen  years 75  204 

annual  school  census 79  209 

children  in  asylum 80  212 

children  incapacitated 75  204 

deaf,  dumb  and  blind . . » 79  210 

employment  unlawful  76  205 

exemption    75  204 

graduates  from  common  schools  exempt 75  204 

incorrigible  pupils 77  206 

juvenile  court  has  jurisdiction 76  205 

parents  responsible   77  206 

penalty  79  211 

temporary  absence  in  emergency 76  205 

teachers  to  report 78  208 

truant  officers 76  205 

appointment    76  205 

compensation     78  207 

complaint   76  205 

duties 76  205 

notice  to  parents 76  205 

report  to  parents 77  206 


INDEX.  249 

Condemning  property  for  school  purposes :  Pff-  Sec. 

cities 48  111 

cost  of  proceedings 50  114 

land  on  which  schoolhouse  has  been  built 125  355 

rural  high  schools 155  458 

school  districts  Ill  304 

township  high  schools 156  465 

Consolidation  of  school  districts 81  213 

annual  meeting 103  280 

county  superintendents  may  combine  districts 81  213 

county  superintendent  to  be  notified 82  218 

duties  and  powers  of  board 83  222 

name  of  union  district , 83  221 

powers  of  district  meetings  and  district  board 82  217 

procedure 81  214 

property  of  district 83  220 

record  of  boundary 83  219 

transportation  of  pupils 82  216 

union  with  district  containing  graded  school 82  215 

Constitution,  educational  provisions 5 

Contagious   diseases    117  326 

duty  of  parent  and  guardian 117  326 

pupil  infected  excluded  from  school 117  325 

Contracts: 

annulling  contracts  by  teachers 42  94 

cities  first  class,  when  required 56  136 

cities  second  class,  when  required 69  183 

district  board  with  relatives,  void 126  359 

officers  prohibited  from  taking  contract 132  377 

publishers  of  textbooks 223  655 

blanks  furnished  by  attorney-general 223  656 

violation    223  654 

School   Text-book   Commission 207  622 

teachers',  when  districts  are  combined 81  213 

teachers',  to  be  in  writing 126  357 

Conveyances  of  property,  cities  second  class  to  board  of  educa- 
tion     65  168 

Conveyances  executed 65  169 

Conveyance  of  pupils: 

compensation  to  parents Ill  300 

consolidated  districts    82  216 

expense  of  sending  pupils  to  other  districts 110  298 

provided  by  district  board Ill  301 

school  discontinued,  certain  districts 109  297 

County  aid  to  high  schools,  population  less  than  10,000 146  423 

counties  exempt 147  434 

county  commissioners  may  provide 146  423 

county  superintendent,  duty  of 147  433 

county  treasurer,  duty  of 147  430 

course  of  study 146  424 

entrance  certificate   146  425 

free  tuition   146  425 

petition    147  432 

report  of  principal 147  431 

supervision    146  426 

tax  levy  by  county  commissioners 147  432 

tax    levy,    limitation 146  428 

use  of  funds 147  429 

County  aid  to  school  districts 106  289 


250  INDEX. 

County  attorney:  Pg-  Sec. 

assist  probation  officers 168  489 

investigate  claims  on  estates  of  deceased  persons  without 

heirs    196  581 

prosecute  complaints,  compulsory  school  attendance  law.  ...  76  205 
County  board  of  examiners: 

appointment    36  76 

compensation    36  76 

examinations  for  common-school  diplomas 116  319 

examinations  for  county  teachers'  certificates 36  77 

examinations  for  high-school  credits 40  90 

examinations  for  normal  training  certificates 29  50 

qualifications     36  76 

term    36  76 

County  certificates.     (See  Certificates,  county.) 
County  clerk: 

cancel  registry  of  bonds  and  coupons  paid 14  12 

certify  valuation  of  school  districts 87  235 

notify  county  commissioners  of  vacancy  in  office  of  county 

superintendent    92  241 

place  school  district  levy  on  tax  roll 128  364 

reduce  excessive  tax  levy 176  520 

register  school  district  bonds 12  8 

report  school  money  to  county  superintendent 84  224 

County  commissioners: 
appeal  to: 

adjustment  of  school  property 114  308 

formation  or  alteration  of  school  districts 94  247 

appointments : 

appraisers,  when  schoolhouse  site  is  changed Ill  303 

board  of  examiners 36  76 

board  of  trustees  county  high  school 139  395 

truant  officers 76  205 

appropriation  for  normal  institute 181  535 

approve  attachment  of  disorganized  district 98  261 

approve  changes  in  district  boundaries 93  245 

call  election  on  establishing  county  high  school 139  394 

employ  teachers  county  high  schools,  population  under  6000,  144  416 

establish  high  school  at  county  seat 144  413 

levy  tax: 

aid  to  high  schools,  counties  of  less  than  10,000 147  433 

aid  to  school  districts 107  290 

Barnes  high  schools 151  445 

detention  home 171  501 

high  schools  in  certain  districts 147  432 

indebtedness  of  depopulated  district 96  254 

school  districts   128  364 

make  provision  for  aid  to  high  schools 146  423 

notice  and  report  on  condemnation  of  land  in  cities 49  112 

provide  payment  of  indebtedness  disorganized  district.  ...  98  262 

County  examinations.     (See  Examinations,  county.) 36  76 

County  high  schools.     (See  High  schools,  county.)    138 

County  school  fund 84 

apportionment    89  237 

collected  and  paid  over  by  county  treasurer 84  223 

fines,  penalties  and  forfeitures 85  230 

paid  to  proper  officers 85  226 

penalty,  county  treasurer. 85  228 

proceeds  of  fines  and  estrays  reported  by  justice  of  peace. .  84  225 

report  by  county  clerk  to  county  superintendent 84  224 

unclaimed  money   85  229 


INDEX.  251 

Pg.     Sec. 

County  superintendent  of  public  instruction 86 

administer  oaths    92  243 

agent  of  State  Orphans'  Home 100  271 

annex  districts  without  school 99  267 

annex  district  to  district  with  graded  school 82  215 

annual  report  to  state  superintendent . 90  238 

appeal  in  formation  or  alteration  of  school  districts 94  247 

appeal  in  joint-district  boundaries 102  278 

appeal  to,  by  suspended  pupil 127  362 

appoint  member  of  district  board,  office  forfeited 119  330 

appoint  time  and  place  for  first  district  meeting •.  .  .  .      94  248 

appoint  to  fill  vacancies  in  district  board 92  240 

apportion  school  fund 89  237 

attach  territory  of  disorganized  district 98  261 

bond    87  234 

boundaries : 

district    95  250 

joint  district 102  277 

certify  amount  due  districts  from  state  and  county 107  291 

certify  amount  due  school  districts  from  county 107  290 

certify  amount  necessary  to  maintain  Barnes  high  schools,  151  445 

certify  assessed  valuation  of  property  to  district  clerks ...     87  235 

certify  attendance  in  Barnes  high  schools 151  445 

certify  money  necessary  to  aid  high  schools,  counties  of 

less  than  10,000 147  433 

chairman,  board  of  county  examiners 36  76 

change  district  boundaries 93  245 

clerk   hire    91  239 

combine  district 81  213 

compensation 91  239 

compensation  as  agent  of  State  Orphans'  Home 100  271 

compensation  prescribed  by  law 5 

convention  of  district  boards 88  236 

designate  time  and  place  for  meeting,  consolidated  district,     81  214 

detach  territory,  city  second  class 64  165 

determine  value  of  property,  new  district. . ., 95  249 

disorganize  depopulated  district   97  256 

disorganize  partially  depopulated  district 97  258 

disorganize  partially  depopulated  districts  on  petition....     97  260 
disorganize  partially  depopulated  district  without  petition, 

when   97  260 

disposal  of  property  disorganized  district 99  265 

district  boundaries 95  250 

96  251 

96  252 

96  253 

distribute  funds  disorganized  district   98  264 

divide  county  into  school  districts 93  245 

divide  territory  of  districts  annexed  to  other  districts  ....     99  268 

duties,  general 87  235 

elected  in  each  county 5 

election,  who  may  vote 86  233 

employ  deputy,  when 99  269 

employ  teacher,  failure  of  school  district 108  293 

endorse  agreement  of  dealer  in  school  books 213  631 

estate  of  deceased  person  without  heir 195  576 

examine  clerk's  report 94  246 

find  estimated  expenditures  and  income  districts  receiving 

state  aid 107  292 

form  districts  within  Indian  reservation 94  246 


252  INDEX. 

County  superintendent  of  public  instruction — continued. 

form  truant  districts 76  205 

formation  of  joint  districts 101  276 

burnish  description  of  district  boundaries  to  county  clerk .  .  95  250 

furnish  information  on  indebtedness  depopulated  districts,  96  254 

furnish  map  of  school  districts 96  251 

inspect  work  of  county  normal  institutes 87  235 

issue  temporary  certificates 41  92 

joint-district  boundaries 102  277 

joint  districts,  formation 101  276 

jurisdiction  over  joint  districts 102  278 

keep  list  of  district  officers 93  245 

keep  office  open 87  235 

levy  tax  and  employ  teacher  on  failure  of  district 108  293 

levy  tax  to  pay  indebtedness,  part  of  district  annexed  to 

city    113  307 

levy  tax,  Barnes  high  schools,  when 151  445 

make  provision  for  aid  to  high  schools 146  423 

member  board  of  trustees  county  high  school 139  395 

name  places  for  diploma  examinations.  . .  . 116  319 

neglect  or  refusal  to  perform  duty. 100  270 

nominate  truant  officers 76  205 

notice,  estate  of  deceased  person  without  heir 196  579 

notice,  formation  of  school  district 94  248 

notice,  special  district  meeting,  no  annual  meeting  held.  .  .  103  281 

notice  special  meeting,  new  district 94  248 

notify  truant  officers 78  208 

normal  institute  held  by  county  superintendent 181  533 

appointment  conductor  and  instructors 181  534 

disbursement  of  funds 182  539 

fees  collected 181  535 

fees  transmitted  to  county  treasurer 182  537 

meeting,  time  and  place  determined 181  534 

union  institutes    183  540 

number  school  districts   93  245 

oath     87  234 

payment  of  school  orders  depopulated  district 96  255 

penalty : 

failure  to  provide  for  seven  months'  school 108  293 

failure  to  visit  schools 91  239 

receiving  bonus 132  376 

power  to  administer  oaths 92  243 

president  board  of  trustees  county  high  school 140  397 

price  lists  of  school  books 213  632 

provide  for  sending  pupils  to  other  districts 81  213 

public  meetings 87  235 

purchase  school  district  record  books 92  244 

qualifications 86  231 

record  of  attachment  of  territory  to  rural  high  school  dis- 
trict   156  463 

reestablish  boundary  lines,  record  lost 96  252 

reestablish  boundary  lines,  error 96  253 

records   87  235 

record  of  boundary,  union  district 83  219 

register  of  teachers -. 87  235 

register  state  certificates  and  normal  school  diplomas 34  70 

report  certificates  registered  to  state  superintendent 35  72 

report  population  of  depopulated  district 97  257 

report  to  state  superintendent  quarterly 87  235 

send  pupils  to  other  districts 81  213 

supervise  high  schools  with  county  aid 146  426 


INDEX.  253 

County  superintendent  of  public  instruction — concluded.  P(J-  Sec. 

teachers'  associations   87  235 

term  of  office 86  232 

territory  annexed  to  cities  of  first  or  second  class 113  307 

traveling  expenses 91  239 

trespassers  on  school  land 100  273 

unlawful  to  purchase  school  lands 100  272 

vacancy  in  office  filled  by  county  commissioners 92  241 

visit  each  school  in  county 87  235 

visit  indentured  pupils  of  reform  school 161  474 

County  treasurer: 

apply  to  state  treasurer  for  money  apportioned  to  county .  .  200  599 

collect  school  district  tax  and  pay  to  district  treasurers ....  128  364 

collect  and  pay  over  county  school  fund 84  223 

compensation  not  allowed,  county  or  state  school  funds ....  85  227 

credit  interest  on  sinking  fund 13  10 

custodian  normal  institute  fund 182  536 

financial  statement  to  district  clerks 121  336 

joint  district  funds 103  279 

levy  tax  for  refunding  bonds 19  27 

pay  Barnes  high-school  funds  to  district  treasurers 152  451 

150  441 

pay  county  fund  to  district  treasurer 84  223 

pay  county  high-school  tax  to  treasurer  county  high  school,  141  401 
pay  district  treasurers  high-school  funds,  counties  less  than 

10,000    147  430 

pay  orders,  depopulated  districts 96  255 

pay  orders,  disorganized  districts 98  263 

pay  school  money  to  district  treasurers 123  347 

pay  state  school  money  to  district  treasurers 200  600 

penalty : 

failure  to  levy  tax  for  refunding  bonds 19  27 

failure  to  pay  over  county  school  fund 84  223 

failure  to  pay  over  school  money 85  228 

violation  Barnes  high-school  act 153  452 

receive  school  money  for  state  treasurer 200  599 

remit  to  state  treasurer  money  to  pay  bonds  and  coupons.  .  15  17 

report  bonds  and  coupons  canceled 14  12 

time  for  payment  to  district  treasurers 121  337 

Course  of  study : 

Barnes  high  schools 151  447 

college  and  university,  approved  by  State  Board  of  Educa- 
tion     31  54 

common  schools    114  310 

assistants  to  State  Board  of  Education 115  312 

based  upon  adopted  texts 114  310 

does  not  apply  to  cities 115  315 

every  school  district  shall  use 116  316 

major  subjects   115  311 

printing  and  distribution 115  314 

printing  completed,  when 115  313 

six  subjects  in  one  term 114  310 

county  high  schools 141  405 

district  schools: 

branches  taught 114  309 

effects  of  alcoholic  stimulants 42  95 

high  schools : 

Barnes  high  schools 151  447 

county     141  405 

counties  with  less  than  6000  population 144  414 

rural  high  schools 155  461 


254  INDEX. 

Course  of  study — concluded.  pff-  *'«'•• 

with  county  aid 146  424 

industrial  training    159  470 

night  schools    179  531 

normal  institutes 204  617 

public  schools   204  617 

Courses  of  study  prescribed  by  State  Board  of  Education 204  617 

Custodian  dependent,  neglected,  delinquent  child 164  481 

Custody  of  dependent  or  neglected  children 169  494 

Deaf  children  sent  to  special  school 79  210 

Degree  conferred  by  State  Normal  School 33  64 

Delinquent  children    163  478 

Dental  inspection,  cities  of  40,000 56  139 

Dependent  children  163  478 

Depopulated  district 96  254 

county  treasurer  shall  pay  orders 96  255 

definition    97  257 

disorganized  by  county  superintendent 97  256 

Deputy  employed  by  county  superintendent 99  269 

Detention  home: 

government   170  499 

homeless  children 170  498 

record  of  inmates 171  500 

tax  for  support  and  maintenance 171  501 

Diplomas : 

common  school.     (See  Common  school  diploma.) 116  317 

state  life  diploma 28  48 

State  Normal  School  diploma 33  64 

Director  of  school  district 119  331 

duties    119  331 

election 118  328 

sign  orders  on  county  treasurer 123  347 

sign  orders  on  district  treasurer 123  346 

suspend  pupils   127  362 

term 118  328 

Discontinuance  of  school : 

certain  districts  109  297 

expense  of  sending  pupils  to  other  districts 110  298 

provision  made  by  annual  meeting 110  298 

pupils  sent  to  adjacent  district 109  297 

state  fund  not  forfeited 110  298 

Disorganized  districts : 

bonds    , .  24  39 

depopulated  district  disorganized  by  county  superintendent,  97  256 

distribution  of  funds 98  264 

disposal  of  property 99  265 

floating  indebtedness 98  262 

orders  paid  by  county  treasurer 98  263 

partially   depopulated   district 97  258 

territory  attached  to  adjoining  district 97  256 

territory  attached  not  liable  for  debt  of  district 99  266 

District  boards: 

admit  scholars  from  adjoining  district 125  356 

adopt  regulations  for  use  of  schoolhouse 124  353 

appendages  for  schoolhouse 127  361 

appoint  librarian  177  524 

assess  tuition  fee 118  327 

build,  hire  or  purchase  schoolhouse 124  351 

call   special  meetings 103  280 

care  of  schoolhouse  and  property 124  352 

condemn  site  for  schoolhouse Ill  304 


INDEX.  255 

District  boards — concluded.  Pff-  ^ec- 

consists  of  director,  clerk  and  treasurer.  . . 118  328 

contract  with  teachers 126  357 

convention  of  district  boards 88  236 

designate  dealers  in  school  books   211  629 

determine  branches  to  be  taught 114  309 

director,  duties 119  331 

discontinue  school    110  298 

dismiss  teachers  for  cause  with  advice  of  county  superin- 
tendent    126  357 

duties  and  powers,  union  district 83  222 

election 118  328 

employment  of  relatives  prohibited 126  358 

establish  graded  schools 130  373 

establish  kindergartens    174  516 

establish  night  schools  179  528 

examine  incapacitated  children 75  204 

execute  lawful  orders  of  district 124  351 

expel  members  of  high-school  fraternities 158  467 

fire  protection 133  382 

furnish  teacher  with  register 127  363 

high-school  teachers   30  52 

industrial  training 159  469 

levy  tax  for  payment  of  judgment 128  365 

library,  purchase  of  books 177  523 

library,  rules  and  regulations 177  524 

list  of  members  kept  by  county  superintendent 93  245 

manage  graded  school 130  373 

matters  not  determined  by  district  meeting 106  287 

oath  of  office 119  329 

open  schoolhouse  for  certain  uses 124  353 

penalty,  failure  to  provide  for  fire  protection 134  386 

penalty,  refusing  admission  to  schools 117  324 

powers  of  board 124  351 

powers  of  board,  consolidated  district 82  217 

provide  water-closets    125  354 

pupils  sent  to  other  districts 109  297 

purchase  or  lease  site 124  351 

qualifications  of  members 105  285 

revolving  fund  for  purchase  of  textbooks 211  629 

school  books  sold  to  patrons 211  629 

school  duties 127  363 

sell  property  of  district 124  351 

send  pupils  to  other  districts 109  297 

special  meetings  called 103  280 

suspension  of  pupils 127  362 

term  of  office 118  328 

text-books,  purchase   , 211  629 

transportation  of  pupils * Ill  301 

vacancy  filled  by  county  superintendent 92  241 

visit  schools 127  363 

District  clerk : 

annual  report 120  335 

certify  tax  to  county  commissioners 128  364 

clerk  of  board  and  district  meetings 120  333 

consolidated   district    82  218 

deliver  records  to  successor ;  penalty 122  344 

draw  orders  on  treasurer 120  334 

duties    120  332 

joint  district,  report 121  338 

librarian,  school  library 177  524 


256  INDEX. 

District  clerk — concluded.                                                                          p&-  Sec- 
notice  of  annual  or  special  meeting 104  282 

penalty  for  failure  to  report  to  county  clerk  tax  voted ....    122  341 

penalty  for  false  report 121  339 

report  indebtedness  to  county  clerk 122  343 

report  list  of  taxpayers  to  county  clerk 122  340 

report  to  county  superintendent 122  342 

requisition  for  school  books 212  630 

sell  school  books  to  patrons 211  629 

union  or  graded  school  district,  duties 130  370 

District  officers.     (See  District  boards.)    118 

District  schools    114 

District  treasurer: 

bond 122  345 

deliver  warrant  register  to  successor 232  689 

destroy  canceled  bonds  and  coupons 14  12 

duties    .    123  346 

election 118  328 

indorse  warrants   "Presented   and'  not  paid   for  want   of 

funds"    232  687 

penalty,  failure  to  pay  over  money  to  successor 124  350 

receive  school  money  from  county  treasurer 123  347 

records   123  349 

redemption  of  indorsed  warrants 232  688 

register  warrants  indorsed 232  687 

report     123  349 

separate  account,  funds  to  pay  high-school  tuition 138  392 

treasurer  of  union  or  graded  school  district 130  371 

Districts,  school 101 

annexed  to  adjoining  district 99  267 

annexed  to  city,  first  or  second  class 113  306 

annual  meeting: 

discontinue  school    110  298 

elect  members  of  district  board 118  328 

levy  tax  to  pay  high-school  tuition.  .  .  .  ! 138  391 

order  children  sent  to  more  convenient  district 110  299 

powers    105  285 

provide  for  sending  children  to  other  districts 110  298 

special  meeting,  no  annual  meeting  held 103  281 

time  for  holding  annual  meeting 103  280 

annual  report  of  clerk 120  135 

appendages  provided 127  361 

apportionment  of  property  when  part  annexed  to  city 113  307 

appraisement  of  schoolhouse  for  change  of  site Ill  303 

appropriation  for  state  aid 108  295 

body  corporate  101  275 

boundaries  changed  by  county  superintendent 93  245 

boundaries  furnished 'by  county  superintendent  to  county 

clerk 95  250 

branches  taught 114  309 

challenge  of  voter  at  district  meeting 104  284 

change  of  schoolhouse  site Ill  302 

children  sent  to  more  convenient  district 110  299 

cities  of  third  class  governed  as  districts 73  202 

cities  of  third  class,  no  part  detached 74  203 

clerk,  duties 120  332 

clerk  to  be  clerk  of  board  and  district  meetings 120 

clerk  to  draw  orders  on  treasurer 120  334 

combination  of  districts  by  county  superintendent 81  213 

consolidation.    (See,  also,  Consolidation  of  school  districts.)      81  214 


INDEX.  257 

Districts,  school — continued.                                                                      pd-  s«c- 

contract  with  teachers 126  357 

conveyance  of  pupils : 

compensation  to  parents Ill  300 

expense  of  sending  pupils  to  other  districts 110  298 

provided  by  district  board Ill  301 

school  discontinued,  certain  districts 109  297 

county  aid 106  289 

course  of  study  for  common  schools 116  316 

depopulated  districts  disorganized 97  256 

depopulated,  when    97  257 

director,   duties 119  331 

disorganized,  attached  to  adjacent  district 98  261 

disorganized  on  consolidation    81  214 

employment   of   relatives   of   district   officers   as   teachers 

prohibited 126  358 

establish  graded  schools   130  373 

failure  of  clerk  to  report  county  clerk  tax  voted 122  341 

failure  of  treasurer  to  pay  over  money 124  350 

formation  of  districts  by  county  superintendent 94  246 

formation  of  district  within  Indian  reservation  . . 95  250 

free  textbooks  if  authorized  by  vote 211  629 

graded  school  district,  how  formed 129  366 

high-school  tuition  paid  by  district 138  391 

increase  tax  levy  at  annual  meeting 175  519" 

indebtedness    98  262" 

indebtedness  when  annexed  to  city  of  first  or  second  class,  113  306 

joint  district.    (See,  also,  Joint  district.)    101  276 

library,  rules  and  regulations   124  352 

meetings : 

annual.     (See,  also,  Districts,  annual  meeting.)    103  280' 

challenge  of  voter 104  284 

notice   104  282: 

notice  of  first  meeting    94  248- 

powers   105  285 

powers,  consolidated  district    82  217 

qualifications  of  voters   104  283 

special  meetings.      (See,  also,  Districts,  special  meet- 
ings.)        103  280 

minimum  term,  seven  months   106  288 

name    101  275 

notice  of  annual  or  special  meetings 104  282 

no  school  maintained,  when   f 109  297 

notice  of  formation    94  248 

numbered  by  county  superintendent    93  245 

oath  of  officers 119  329 

office  forfeited,  when   119  330 

officers 118  328 

officers,  consolidated  district    81  214 

organized,  when    101  274 

partially  depopulated  district  defined   97  259 

partially  depopulated  district  disorganized 97  258 

partially  depopulated  district,  petition  to  disorganize  ....      97  260 

penalty  for  false  report  of  clerk 121  339 

powers  of  board 124  351 

powers  of  district  meeting 105  285 

pupils  sent  to  other  districts 110  298 

qualifications  of  voters    104  283 

records  and  reports  of  treasurer   123  349 

records   delivered   by   clerk   and   treasurer   to   successors; 

penalty 122  344 

—17 


258  INDEX. 

Districts,  school — concluded.  J-'a-  Sec. 

report  of  clerk,  joint  districts 121  338 

report  of  clerk  to  county  clerk 122  340 

report  of  clerk  to  county  superintendent 122  342 

report  of  indebtedness  by  clerk  to  county  clerk 122  343 

restrictions  on  changing  districts    93  245 

restrictions  on  formation   108  294 

scholars  admitted  from  adjoining  districts 125  356 

school  duties  of  board   .  i 127  363 

schoolhouse  opened  for  certain  uses 124  353 

schoolhouse  removed  from  claim  of  settler 125  355 

school    month 117  322 

schools  free  to  all  between  ages  of  five  and  twenty-one  ....  117  323 

site  for  schoolhouse  condemned  Ill  304 

special  meetings: 

called  by  county  superintendent 103  281 

called  by  district  board  103  280 

called  by  petition 103  280 

discontinue  school   110  298 

new  district    94  248 

no  annual  meeting  held 103  281 

notice  of  special  meeting 103  280 

provide  for  sending  children  to  other  districts 110  298 

state  aid,  appropriation 108  295 

state  and  county  aid 106  289 

state  and  county  fund   89  237 

suspension  of  pupil 127  362 

taxation : 

annual  tax  for  general  school  purposes 105  285 

limitation  of  levy   105  286 

floating  indebtedness    105  285 

high-school  tuition    138  391 

increasing  the  levy 175  519 

interest  and  sinking  fund,  bonds 12  9 

interest  and  sinking  fund,  refunding  bonds 19  26 

industrial  training 159  468 

library    177  522 

limitation  of  tax  levy 128  364 

payment  of  judgment    128  365 

tax  voted  and  not  levied  or  collected 123  348 

(See,  also,  Taxation,  school  districts.) 

teachers'  records  and  reports 126  360 

teachers'  examination  in  district  employing  ten  teachers  42  96 
territory  attached  to  city  second  class  detached  by  county 

superintendent 64  165 

territory  of  district  remains  attached  to  city  changed  from 

third  to  second  class 64  164 

transportation  of  pupils Ill  301 

treasurer,  duties   123  346 

union  or  graded  school  districts 129  366 

voters  may  determine  length  of  term 106  287 

water-closets 125  354 

Domestic  art,  special  state  certificates 28  49 

Domestic  science: 

special  normal  school  certificates   33  66 

special  state  certificates    28  49 

state  aid  in  normal-training  high  schools 185  546 

Drawing: 

special  normal  school  certificates   33  66 

special  state  certificates    28  49 

Dumb  children  sent  to  special  school  79  210 


INDEX.  259 

Educational  provisions:  Pa.  Sec. 

act  of  admission   7 

organic  act  5 

state  constitution    5 

Elections : 

Barnes  high-school  law,  adoption  of 152  449 

board  of  education,  cities  first  and  second  class 45  102 

45  104 

commission-governed  cities   , ..  45  104 

bonds : 

cities  of  first  class    56  142 

cities  of  second  class    69  185 

county  high  school 145  419 

rural  high-school  district 153  454 

school  district 9  i 

county  high  schools,  transfer  from  special  act  to  general 

law 148  435 

county  superintendent   86  233 

district  officers,  annual   meeting    118  328 

district  officers,  new  district    94  248 

establishment  of  county  high  school 139  394 

counties  of  less  than  6000  population 144  418 

expense  of  school  elections,  cities  of  the  second  class.  .  64  163 

free  textbooks 211  629 

high-school  tuition,  payment  of 136  388 

rural  high-school  district: 

canvass  of  vote   154  456 

establishing  rural  high  school 153  454 

separate  election  in  town  or  city 154  455 

tax  for  buildings,  county  high  schools  established  by 

special   act    148  436 

tax  for  buildings,  cities  of  the  second  class 71  194 

tax  levy,  increase   •  •  •  •  • 175  519 

territory  attached  to  cities  of  the  second  class 63  161 

place  and  manner  of  voting 64  162 

treasurer  board  of  education,  cities  of  the  second  class,  66  174 

trustees  county  high  school   139  396 

Eminent  domain: 

board  of  education  in  cities   48  110 

county  high  schools 50  115 

school  districts    Ill  304 

Employers  of  children,  keep  age  certificates  on  file 43  99 

Employment  of  children  under  fourteen 43  97 

Employment  of  children  under  sixteen 43  98 

Estate  of  deceased  person  without  heir 195  576 

attorney-general,   duty    197  584 

may  not  act  as  private  attorney 197  583 

county  attorney,  duty    196  581 

may  not  act  as  private  attorney  197  583 

county  superintendent,  duty   195  576 

notice  given  by   < 196  579 

estate  sold  for  benefit  of  common  schools 195  578 

expense  of  inquiry   196  582 

probate  judge,  duty    195  577 

notice  given  by   196  580 

state  superintendent  to  give  notice 196  579 

Examinations : 

common-school  diploma 116  319 

county  teachers: 

applicants  may  write  in  other  counties 37  78 


260  INDEX. 

Examinations — concluded.  Py.  Sec. 

board  of  examiners    36  76 

branches : 

first-grade  certificates   39  89 

second-grade  certificates   39  88 

third-grade  certificates    39  87 

examination  in  physiology  and  hygiene 42  95 

examinations,  public   36  77 

fee  for  special 37  80 

grades  required: 

first-grade  certificates   39  89 

second-grade  certificates 39  88 

third-grade   certificates    39  87 

high-school  credits    40  90 

papers  received  from  other  counties 37  78 

places  designated  by  county  superintendent 36  77 

questions : 

officials  may  have  possession   38  85 

opened  by  examining  board   38  82 

prepared  by  State  Board  of  Education 37  81 

unlawful   use    38  84 

special  examinations    ." 37  79 

state  institutions,  examinations  held   37  78 

time  of  holding 36  77 

unlawful  use  of  questions  38  83 

(See,  also,  Certificate,  county.) 

districts  employing  ten  or  more  teachers   42  96 

state  certificates    27  45 

Examining  committee: 

cities  first  and  second  class 47  108 

common-school  diploma   116  319 

county 36  76 

districts  employing  ten  teachers  42  96 

vacancy,  city  first  class   53  125 

Expenditures : 

board  of  education  cities  first  class,  limit  without  contract,  56  136 
board  of  education  cities  second  class,  contract  required, 

when 69  183 

children  sent  to  other  schools 110  298 

districts  receiving  state  aid 107  292 

Expenses,  children  sent  to  more  convenient  school 110  299 

Fees: 

examination  for  county  teacher's  certificate   37  80 

examination  for  high-school  credits   40  90 

examination  in  other  counties    37  78 

high  schools  approved  for  normal  training 29  50 

indorsement  of  county  certificates 38  86 

normal  institutes 181  535 

normal  training  teachers'  examination 29  50 

registration  of  state  certificates 34  69 

registration  of  state  normal  school  diplomas   34  69 

renewal  of  first-grade  certificates 39  89 

special   examinations    37  80 

Females,  no  distinction  between  rights  of  males  and  females 

in  school    5 

Fines 132 

collected,   how    132  375 

common  school  fund    85  230 

judgments  against  school  districts   128  365 

justice  of  the  peace   84  225 

(See,  also,  Penalties.) 


INDEX.  261 

Fines  and  penalties.    (See  Penalties.)  Pg.  Sec. 

Fire  protection    133 

doors  of  schoolhouse 133  378 

duty  of  boards  of  education   133  382 

duty  of  state  fire  marshal   134  386 

exits  from  upper  floors   133  379 

fire   drills    134  383 

fire-escapes 133  379 

furnaces • 133  380 

inspection 133  382 

instruction 134  386 

penalty 134  384 

plans  for  buildings  submitted  to  state  architect 133  381 

time  for  compliance  with  law   134  385 

First-grade  certificates    39  89 

(See,  also,  Certificates,  county.) 
Flag: 

display  in  public  schools 186  547 

flag  day,  observance    186  549 

rules  and  regulations  for  display 186  548 

Forfeiture  of  office: 

county   superintendent 100  270 

108  293 

district   board    119  330 

Forfeiture  paid  into  common  school  fund ". .  85  230 

Forming  and  changing  school  districts 93  245 

Fraternities.    (See  High-school  fraternities.) 

Free  district  schools    117  323 

Free  schools,  cities  second  class  63  160 

Free   textbooks    211  629 

Funding  bonds.    (See  Bonds,  refunding.) 
Funds : 

common  school    85  230 

county   school    84  223 

normal  institute: 

appropriation,   county 181  535 

appropriation,   state    182  538 

county  superintendent  to  transmit  fees 182  537 

custodian 182  536 

disbursements 182  539 

fees 181  535 

candidates  for  certificates   181  535 

37  80 

examination  at  state  institutions   37  78 

examination  in  other  counties  37  78 

examination  for  high-school  credits 40  90 

examination  for  normal-training  certificates 29  50 

indorsement  of  certificates   181  535 

registration  fee   181  535 

registration  of  certificates   181  535 

renewal  of  certificates  

union  institutes   183  540 

state  school  fund: 

cities  regulated  by  special  law  receive 130  372 

collection 194  571 

commissioners 190  560 

custodian 193  569 

disbursement  of  income 6 

investment  191  564 

record 192  566 

unclaimed  estates  .                             195  576 


262  INDEX. 

Globes :  Pg.  Sec. 

purchase  without  approval    227  670 

sale  without  approval 227  668 

Governor : 

appointments : 

School   Text-book   Commission 217  641 

State  Board  of  Education 204  616 

State  School  Book  Commission. 207  622 

proclamation,  cities  of  second  class 62  159 

proclamation,  school  book  contracts 221  650 

select  land  for  State  University  fund 7 

Graded  schools: 

accredited  by  State  Board  of  Education 205  619 

cities  of  second  class 65  170 

consolidation  with  district  having  graded  schools 82  215 

defined    82  215 

graded-school  district,  how  formed 129  366 

single  district  may  establish 130  373 

state  supervisors   206  621 

(See,  also,  Union  or  graded-school  district.) 

Grades  of  county  certificates .  . : 38  86 

Grades  retained  in  county  examinations 39  89 

Graduates : 

Barnes  high  schools: 

college  preparatory  course 151  447 

general  course 151  447 

common  schools: 

admitted  to  high  school 116  317 

diploma    116  317 

county  high  schools: 

admission  to  state  institutions 143  409 

144  415 

second-grade    certificates 143  409 

normal-training  high  schools 29  50 

State  Agricultural  College 31  57 

State  Normal   School 33  64 

State  University 31  57 

three-year  state  certificates 32  58 

Guardians: 

penalty  for  violation  of  compulsory-attendance  act 76  205 

required  to  send  children  to  school 75  204 

High-school  credits,  second-  and  first-grade  county  certificates  40  90 

exemption    41  91 

High-school  fraternities  : 

membership  unlawful 158  466 

penalty   for  membership 158  467 

High-school  tuition : 

paid  by  district 138  391 

tax  authorized  for  payment 138  392 

payment  in  certain  counties 136  387 

certificate  of  attendance 137  390 

election  to  determine  payment 136  388 

tax  levy  for  payment 137  389 

High  schools: 

accredited  by  State  Board  of  Education 205  619 

admission  by  common-school  diploma 116  317 

admission  of  nonresidents 136  387 

approved  for  admission  to  accredited  colleges 32  58 

certificates  of  high-school  teachers 30  52 


INDEX.  263 

High  schools— concluded.                                                                            Pff-  Sec. 
graduates  from  accredited  high  schools  admitted  to  state 

institutions   '. . . '. . .. 205  620 

state  supervisors  of  high  schools 206  621 

High  schools,  Barnes  law: 

act  in  effect  in  certain  counties 152  450 

act,  when  in  force 152  449 

apportionment  of  funds 150  442 

certain  cities  and  counties  exempt 152  448 

county  commissioners  levy  tax : 149  437 

county  superintendent,  duty 151  445 

county  treasurer  to  pay  and  distribute  money 152  451 

course  of  study 151  447 

course  of  study  must  prepare  graduates  for   State   Uni- 
versity     '...'.' 149  437 

election  on  adoption  of  Barnes  act 152  449 

high-school  fund 149  437 

penalty,  violation  by  county  treasurer 153  452 

principal  shall  make  report 151  444 

standard    149  437 

tax  levy: 

buildings 149  437 

joint  districts   150  443 

limited  to  five-tenths  mill 149  438 

limited  to  nine-tenths  mill;  exception 150  439 

tax  levied  by  county  commissioners 149  437 

tax  levy  made  when 150  440 

taxes  collected  and  paid  to  district  treasurer 150  441 

tuition  free  in  county 151  446 

High  schools,  cities  of  the  first  class 52  119 

High  schools,  cities  of  the  second  class 65  170 

High  schools,  county,  population  over  2000 138  393 

admission 142  406 

board  of  trustees  appointed 139  395 

buildings 141  403 

county  may  establish 138  393 

courses  of  instruction 141  405 

collegiate 141  405 

general 141  405 

normal 141  405 

election  on  establishment 139  394 

election  of  trustees 139  396 

graduates 143  409 

collegiate  course,  admission  to  State  University 143  409 

normal  course,  second-grade  certificate 143  409 

officers  board  of  trustees 140  397 

officers,  duties  of 141  402 

principal  and  teachers,  employment 141  404 

report  of  trustees 143  410 

right  of  eminent  domain 50  115 

rules  and  regulations 142  408 

secretary  board  of  trustees: 

appointment    140  397 

duties 141  402 

site 141  403 

tax  levy: 

annual  estimate  and  levy 140  398 

certified  and  collected 141  401 

limited  to  five-tenths  mill 140  399 

limited  to  nine-tenths  mill,  certain  counties 140  400 


264  INDEX. 

High  schools,  county,  population  over  2000 — concluded  Pg  Sec. 

teachers,  employment   141  404 

treasurer,  board  of  trustees: 

appointment 140  39? 

,duties 141  402 

trustees : 

compensation 143  4^ 

election ....'.'.'.'.'.'.'.'.'.'.'.      '  139  396 

,rePort 143  410 

term  • . 139  396 

vacancies 143  411 

tuition  free  in  county   142  406 

tuition,  pupils  from  other  counties   . .  .\    '.  142  407 

vacancy,  board  of  trustees '.  143  411 

High  schools,  county,  less  than  6000 : 
bonds: 

authorized 145  ^9 

election .'!.'.'!!.'.'.'.*  145  420 

limitation 145  42i 

unlawful  use  of  proceeds 145  422 

course  of  study 144  4j4 

election  on  establishment '  144  413 

established  by  county  commissioners  at  county  seat 144  413 

established  only  on  petition  or  election 144  418 

free  to  pupils  in  county 144  417 

graduates  admitted  to  state  institutions  144  415 

teachers  employed  by  county  commissioners 144  416 

High  schools,  county,  population  less  than  10,000 : 

admission 146  425 

aid  provided  by  county  superintendent  and  commissioners,  146  423 

collection  and  use  of  funds 147  429 

counties  exempt   147  434 

county  superintendent  to  certify  amount  money  necessary,  147  433 

county  treasurer,  duty  of 147  430 

course  of  study  146  424 

entrance  certificate    146  425 

free  to  residents   146  425 

petition  for  county  aid   146  427 

report  of  principal   147  431 

supervision 146  426 

tax  levy: 

annual   levy    146  428 

collection  and  use  of  funds 147  429 

county  commissioners  to  levy  tax  147  432 

county  superintendent  to  certify  amount  necessary.  .  .  147  433 
High  schools,  county,  under  special  act: 

may  come  under  general  law 148  435 

tax  for  buildings 148  436 

High  schools,  normal  training.     (See  Normal  training  in  high 
schools.) 

High  schools,  rural 153 

admission  of  pupils 155  462 

annual  meeting  of  high-school  district  board 154  457 

annual  school  meeting. 154  457 

attachment  of  adjacent  territory 156  463 

authority  of  county  superintendent 155  460 

authority  to  establish 153  453 

bonds  for  high-school  building 153  454 

canvass  of  vote  on  establishing 154  456 

course  of  study 155  461 

districts  in  two  or  more  counties.  .                                             .  155  459 


INDEX.  265 

High  schools,  rural — concluded.  p9-  $ec- 

election  in  territory  containing  town  or  city , . . .  154  455 

election  of  high-school  board 154  456 

election  on  forming  rural  high-school  district 153  454 

government   155  460 

petition  for  election 153  454 

powers  of  rural  high-school  board 155  458 

site    155  458 

tax  levy  154  457 

tax  levy,  district  in  two  or  more  counties 155  459 

tuition 155  462 

condemnation   of  site 156  465 

district  a  body  corporate 156  464 

Holy  Scriptures: 

Bible  may  be  used  in  schools  cities  second  class 69  184 

Bible  reading  not  prohibited,  cities  first  class 56  137 

Hygiene: 

instruction  in  all  public  schools 42  95 

teachers,   examined   in 42  95 

Incorrigible   pupils 77  206 

Indebtedness: 

bonded  indebtedness: 

compromised  and  refunded 17  22 

increase  of  debt  prohibited  when  refunded 19  25 

refunded 16  20 

cities  second  class,  tax  authorized  to  pay  floating  indebted- 
ness    68  177 

disorganized  districts : 

bonded  indebtedness   refunded 24  39 

floating  indebtedness 98  262 

merged  districts 22  33 

23  37 

Indebtedness  reported  to  county  clerk 122  343 

Indentured  pupil  in  Industrial   (Reform)    School 161  474 

161  476 

Indian  reservation,  school  district  within 94  246 

Industrial  education   159 

Industrial  (Reform)   School  pupils 161 

county  superintendent  to  visit  indentured  pupils 161  474 

indentured  pupils 161  474 

161  476 

persons  sought  to  receive  indentured  pupils 161  476 

report  of  visiting  agent  on  indentured  pupil 161  475 

Industrial  training 159 

appropriation 160  473 

board  of  education  and  district  board  may  make  provision,  159  469 

report  to  state  superintendent 159  471 

special  teachers  may  be  employed 159  469 

state   aid    160  472 

State  Board  of  Education: 

approve  course  of  study 159  469 

establish  standard  for  teachers. 159  470 

grant  certificates   159  470 

tax  levy   159  468 

teachers,  standard;   certificates 159  470 

Installment  bonds  may  be  issued 20  28 

Institute.     (See  Normal  institute.) 

Insurance  companies,  payment  to  state  annual  school  fund 200  601 


266  INDEX. 

Interest  on  bonds: 

cities  of  first  class:  Pg.  Sec. 

paid  when  due 59  147 

rate 58  144 

tax  levy  58  145 

tax  levy  refunding  bonds 60  152 

cities  of  second  class: 

paid  when  due 71  191 

tax  levy 71  189 

warrants  refunded: 

rate 72  198 

tax  levy 73  200 

refunding  bonds 19  26 

school  districts   12  9 

Joint  district: 

annual  meeting   103  280 

alteration  of  boundaries 102  277 

appeal  to  state  superintendent  in  formation  or  alteration..  102  278 

application  for  formation 101  276 

bonds  to  take  up  merged  district  bonds 23  37 

disorganization  of  partially  depopulated  joint  districts ....  97  258 

formation .  ... 101  276 

funds 103  279 

jurisdiction  .  .• 102  278 

name 102  277 

report  of  clerk  121  338 

tax  levy  for  Barnes  high  schools 150  443 

Judgment,  tax  levy  to  pay 128  365 

Justice  of  peace : 

jurisdiction 132  374 

proceeds  of  fines  paid  to  county  treasurer  84  225 

report  to  county  superintendent   84  225 

Juvenile  court    162 

acts  providing  for  support  of  children 170  497 

appeal,  person  convicted  of  contributing  to  delinquency.  .  .  172  509 

appeal  to  district  court  167  488 

association  or  individual  as  guardian  of  child 165  484 

blanks  furnished  by  State  Board  of  Control 172  507 

bond,  release,  of  person  contributing  to  delinquency 169  493 

care  of  child,  parental  168  491 

care  of  delinquent  child,  continuance 166  485 

care  of  dependent  or  neglected  child 165  483 

city  attorneys  to  aid  probation  officers 168  489 

commitment  of  child  to  care  of  probation  officer 166  485 

compensation  of  probation  officer   163  479 

compensation  of  probation  officer,  counties  having  25,000 

population 172  504 

complaint 164  480 

constables 168  489 

continuance  of  hearing 165  482 

county  attorneys  to  aid  probation  officers 168  489 

custody  of  child  during  continuance  of  case 165  482 

custody  of  dependent  child  during  suspension  of  sentence..  169  494 

custody  revoked  by  court    166  486 

delinquent  child    163  478 

delinquent  child,  care  of  166  485 

dependent  child    163  478 

detention  home   170  498 

detention  home,  government 170  499 

detention  home,  record  of  inmates 171  500 


INDEX.  267 

Juvenile  court — concluded.                                                                        J'ff-  Sec. 

establishment  of  juvenile  court .    162  477 

fees  allowed  judge  of  juvenile  court 162  477 

fees,  witness,  allowed  police  and  sheriff 172  506 

forfeiture  of  bond,  person  having  custody  dependent  child,  169  495 

judgment  in  case  of  forfeiture  of  bond   169  496 

jurisdiction 162  477 

child  over  sixteen   171  503 

child  under  sixteen 167  487 

dependent  children 172  505 

truants 76  205 

juvenile  farm    170  498 

neglected  child    .' 163  478 

parental  home  in  certain  counties   172  510 

advisory  board 173  513 

inmates 172  511 

managers 173  513 

supervision 173  514 

tax  for  support 172  512 

parents  responsible  for  delinquency  of  children 168  492 

penalties  at  discretion  of  juvenile  court 168  490 

penalty,  contributing  to  delinquency 168  492 

police  officers  to  report  arrests  of  juveniles 168  489 

probate  judge  the  judge  of  the  juvenile  court 162  477 

probation  officer;  appointment,  duties,  compensation 163  479 

procedure,  trial  of  person  contributing  to  delinquency.  .  .  .    172  508 
release  under  bond,  person  sentenced  for  contributing  to 

delinquency 169  493 

report,  annual,  of  judge  of  juvenile  court 171  502 

responsibility  for  delinquency  of  children 168  492 

summoning  of  custodian  of  child   164  481 

suspension  of  sentence,  contributing  to  delinquency 169  493 

suspension  of  sentence,  delinquent  child 168  490 

tax  levied  for  detention  home  or  juvenile  farm 171  501 

truant  officer  as  probation  officer 163  479 

Juvenile  farm    170  498 

Kansas  State  Traveling  Libraries  Commission 178  525 

Kindergartens     174 

cost  paid  from  school  funds 174  516 

established  in  school  district 174  516 

part  of  public  school  system 174  516 

teachers    174  516 

certificates 174  516 

examination     174  516 

special  state  certificates 28  49 

Lands: 

granted  by  the  United  States  for  schools 5 

school  lands ;  sale,  revaluation,  lease 6 

sections  16  and  36  in  every  township  granted  for  use  of 

schools    5,  7 

Laws,  school,  published  by  state  superintendent  of  public  in- 
struction       203  611 

Levies.    (See,  also,  Taxation.) 

Librarian  appointed  by  district  board 124  352 

Libraries 177 

school  district 177 

librarian    177  524 

purchase  of  books 177  523 

rules  and  regulations 177  524 

rules  and  regulations  made  by  district  board 124  352 

tax  levy   177  522 


268  INDEX. 

Pg.  Sec. 

Libraries,  state  traveling 178 

Aplington  Art  Gallery,  a  part  of 178  526 

management    . 178  525 

traveling  libraries  department  of  State  Library 178  525 

Lincoln's  birthday  observed  in  public  schools 186  549 

Loan  commissioner,  office  abolished 194  574 

Males,  no  distinction  in  schools  between  rights  of  males  and 

females 5 

Manual  training: 

cities  of  the  first  class 52  119 

Special  Normal  School  certificates 33  66 

special  state  certificates . 28  49 

Map  of  districts  furnished  by  county  superintendent  to  county 

clerk 96  251 

Maps: 

purchase  without  approval 227  670 

227  671 

sale  without  approval 227  668 

227  669 
Meetings : 

board  of  education,  cities  first  class 55  134 

board  of  education,  cities  second  class 68  181 

rural  high-school  board 154  457 

rural  high-school  district 154  457 

school  district 103  280 

annual    103  280 

first  meeting  of  new  district 94  248 

notice    104  282 

special    103  280 

103  281 

School  Fund  Commission 190  561 

State  Board  of  Education 204  617 

Memorial  day,  observance  in  public  schools 186  549 

Merged  district: 

bonds  taken  up 23  37 

form  of  refunding  bonds 22  34 

refund  bonded  indebtedness 22  33 

suits  against 23  36 

tax  levy  for  interest  and  sinking  fund 23  35 

Money  unclaimed,  to  common  school  fund 85  229 

Moneys,  school,  paid  over  to  proper  officers 85  226 

Month,  school 117  322 

Minimum  term: 

cities  first  and  second  class  106  288 

school   districts    106  288 

Music: 

special  normal-school  certificates    33  66 

special  state  certificates    28  49 

Neglected  child   163  478 

Night  schools: 

attendance  not  compulsory 179  529 

cost  paid  from  public  school  fund 179  529 

course  of  study   179  531 

equipment     179  531 

part  of  public  school  system 179  529 

petition   for    179  528 

rules  and  regulations 179  531 

school  boards  may  establish 179  528 

school  buildings  used 47  109 

sessions    .                                                                                 179  530 


INDEX.  269 

Night  schools — concluded.                                                                          pff-  &ec. 

teachers    180  532 

payment    180  532 

qualifications    180  532 

term   179  530 

Normal  department  of  state  school  system 5 

Normal  institutes   181 

annual  sessions   181  533 

conductor  and  instructors 181  534 

county  appropriation   181  535 

county  superintendent,  duty   181  534 

course  of  study  prescribed  by  State  Board  of  Education . . .   204  617 

custodian  of  funds   182  536 

disbursement  of  funds 182  539 

examination  of  teachers  held  at  close 36  77 

fees    181  535 

fees  transmitted  to  county  treasurer 182  537 

funds 182  538 

instructors    181  534 

place  of  holding 181  534 

state   appropriation    182  538 

term    181  533 

time  of  holding   181  534 

union  institutes,  two  or  more  counties 183  540 

Normal  training  in  high  schools   184 

academies,   eligible    185  544 

application  for  state  aid  185  546 

apportionment  of  state  appropriation   185  546 

appropriations : 

agriculture  and  domestic  science 185  546 

normal   training 185  545 

certificates.    (See,  also,  Certificates,  normal  training.)  ....      29  50 

course  of  study  prescribed  by  State  Board  of  Education  .  .    184  541 

examinations    29  50 

fees 29  50 

applicants  for  certificates  29  50 

expense  of  grading  manuscripts   29  50 

high  schools  designated  by  State  Board  of  Education 184  541 

number  of  high  schools  aided  in  one  county 184  542 

purpose  of  normal-training  act  184  541 

rules  prescribed  by  State  Board  of  Education 184  543 

state  funds  used  for  teachers'  wages 184  542 

students,  number  required  in  normal  course 184  543 

Notice : 

annual  meeting,  school  district 103  280 

annual  or  special  district  meeting 104  $82 

appeal  from  county  superintendent's  adjustment  of  school 

property 114  308 

appeal  to  state  superintendent,  joint  district  boundaries .  . .    102  278 

bond  election,  school  districts   10  2 

election  on  establishing  county  high  school 139  394 

election,  rural  high  school 153  454 

meeting  to  form  union  school  district 129  366 

school  district,  first  meeting 94  248 

special  meeting  school  district 103  281 

Oaths: 

administered  by  certain  officers,  verifying  warrants 231  682 

administered  by  chairman  district  meeting 119  329 

administered  by  county  superintendent 92  243 

assistant  state  superintendent  public  instruction 201  606 

county  superintendent 87  234 


270  INDEX. 

Oaths — concluded.  1*9-  Sec. 

members  of  board  of  education,  cities  first  class 45  104 

members  board  of  education,  cities  second  class 68  180 

members  State  School  Book  Commission 207  622 

parent,  record  in  school  census 79  209 

school  district  officers    119  329 

state  superintendent  of  public  instruction 201  604 

voter  challenged  at  district  meeting 104  284 

Officers,  state,  county,  etc.,  prohibited  from  taking  contract  ....  132  377 

Organic  act,  educational  provisions   t 5 

Organization,  board  of  education  cities  second  class '.....  65  166 

Organization,  school  district 101  274 

Outstanding  warrants.     (See  Warrants.) 

Parental  home  for  homeless,  dependent,  neglected  or  delinquent 

children   172  510 

Parents : 

children  with  contagious  disease  kept  from  school 117  326 

liable  for  attendance  and  good  conduct  of  child 77  206 

oath  in  record  of  census 79  209 

penalty  for  violation  of  compulsory-attendance  act 76  205 

required  to  send  children  to  school 75  204 

responsible  for  delinquency  of  children 168  492 

Partially  depopulated  districts: 

defined    97  259 

disorganized    : 97  258 

Patriotic  instruction 186 

display  of  United  States  flag 186  547 

patriotic  exercises 186  550 

rules  and  regulations  for  display  of  flag 186  548 

Pay.     (See  Compensation.) 

Penalties  and  fines.     (See,  also,  Fines.) - 132 

Penalties  applied  to  support  of  common  schools 85  230 

Penalty: 

boards  of  education,  purchase  of  unapproved  apparatus  .  .  227  671 

boards  of  education,  failure  to  provide  for  fire  protection ..  134  386 
board  of  education,  cities  first  class: 

issue  of  bonds  in  excess  of  amount  authorized 57  143 

refusal  to  levy  tax  for  payment  of  coupons 60  153 

wrongful  use  of  money  levied  to  pay  coupons 61  154 

business  college,  canvassing  without  permit 25  43 

county  clerk : 

excessive  tax  levy 176  521 

neglect  or  refusal  to  extend  tax,  refuding  bonds 19  26 

county  superintendent: 

failure  to  provide  for  seven  months'  term 108  293 

neglect  or  refusal  to  perform  duty 100  270 

receiving  bonus   132  3Y6 

county  treasurer: 

neglect  or  refusal  to  levy  tax,  refunding  bonds 19  27 

refusal  to  pay  over  school  money  84  223 

85  228 

violation  of  provisions  of  Barnes  high-school  act 153  452 

dealer  in  school  books,  failure  to  keep  agreement 213  633 

district  board: 

issuing  unauthorized  bonds    13  11 

purchase  of  unapproved  apparatus   227  671 

refusing  admission  to  public  schools 117  324 

wrongful  use  of  bonds 13  11 

district  clerk: 

failure  to  deliver  records  to  successor 122  344 

failure  to  report  to  county  clerk  tax  voted 122  341 


INDEX.  271 

Penalty — concluded.  Pg.  Sec. 

false  report    121  339 

district  treasurer: 

failure  to  deliver  records  to  successor 122  344 

refusal  or  neglect  to  pay  over  district  money 124  350 

employers,  violation  of  child-labor  law 44  101 

increase  in  price  of  textbooks   213  633 

minors,  use  of  tobacco  in  public  places 229  674 

misappropriation  of  bond  funds   22  31 

municipal  officers,  selling  bonds  without  offering  to  School- 
fund    Commission    194  572 

officers  of  county,  city,  township  or  school  board: 

neglect  or  refusal  to  levy  tax,  refunding  bonds 19  26 

signing  or  attesting  unauthorized  warrant 233  690 

officers  of  taxing  district,  excessive  tax  levy 176  521 

parent  or  guardian,  refusal  to  take  oath  in  school  census.  .  79  209 
person  having  control  of  delinquent  child,  violation  of  com- 
pulsory-attendance  act    76  205 

person  having  control  of  deaf,  dumb  or  blind  child,  viola- 
tion of  compulsory-education  act    79  211 

sale  of  unapproved  school  apparatus 227  669 

school  officer,  violation  of  fire-protection  act 134  384 

selling  or  giving  away  cigarettes 229  675 

State  School  Book  Commission,  violation  of  textbook  act.  .  215  636 

227  671 

state  superintendent,  receiving  bonus 132  376 

state  treasurer,  failure  to  file  statement  of  collections  on 

bonds 198  592 

failure  to  make  out  reports   126  360 

failure  to  report  truants   78  208 

teachers : 

violation  of  fire-protection  act   134  384 

treasurer,  county,  city,  board  of  education,  neglect  or  re- 
fusal to  remit  money  collected  to  pay  bonds  or  coupons..  15  19 

unlawful  use  of  examination  questions   38  84 

use  of  textbooks  in  lieu  of  those  authorized 213  633 

Pensions.    (See  Retirement  fund.) 
Permanent  school  fund: 

commission 190  560 

constitutional  provision   6 

custodian 193  569 

investment 191  564 

orders  drawn   192  568 

perpetual   fund 6 

records 192  566 

192  567 

report 192  566 

sources 6 

(See,  also,  School-fund  Commission.)  195  578 
Petition : 

bond  election,  school  district 9  1 

county  aid  to  high  schools 146  427 

disorganization  of  partially  depopulated  districts 97  260 

election,  county  high  school 139  394 

election,  rural  high  school 153  454 

night  schools 179  528 

special  meeting,  school  district 103  280 

Physical  examination  of  children  incapacitated  for  school 75  204 

Physical  training,  special  state  certificate 28  49 

Physiology  and  hygiene : 

examination  of  teachers 42  95 

instruction   42  95 


272  INDEX. 

P(j.  Sec: 

Playgrounds,  purchase  or  lease,  cities  of  the  first  class 54  129 

Powers  of  board  of  education  cities  of  first  class 52  119 

Powers  of  board  of  education  cities  second  class 65  170 

Powers  of  district  meeting 105  285 

Powers  of  State  School  Book  Commission 210  625 

Practice  teaching,  normal  course  in  accredited  colleges 32  59 

Preparatory  department  of  state  school  system 5 

President  board  of  education  cities  first  class 52  120 

certify  number  of  members  to  be  elected 45  104 

duties    ' 52  120 

sign  bonds  58  144 

sign  refunding  bonds , 60  151 

sign  warrants 52  120 

231  683 

President  board  of  education  cities  second  class 45  104 

certify  number  of  members  to  be  elected 45  104 

duties    66  171 

election 65  166 

sign  bonds 70  186 

sign  warrants 66  171 

231  683 

President  School-fund  Commission 190  560 

President  State  Agricultural  College: 

member  State  Board  of  Education 204  616 

member  State  School  Book  Commission 207  622 

President  State  Normal  School: 

member  State  Board  of  Education 204  616 

member  State  School  Book  Commission 207  622 

Principal  Barnes  high  school,  report. 151  444 

Principal,  county  high  school,  employment 141  404 

Principal  high  school  with  county  aid,  report 147  431 

Probate  judge: 

judge  of  juvenile  court 162  477 

notice  estate  of  deceased  person  without  heir 196  580 

Probation  officer: 

appointment    163  479 

delinquent  children    166  485 

Prohibitory  amendment,  instruction  on  Frances  Willard  Day..   234  691 
Property  owner,  may  send  children  to  district  in  which  he  owns 

land 110  299 

Property,  school: 

control,  cities  second  class 65  170 

conveyance  to  board  of  education,  cities  second  class 65  168 

deliver  to  proper  officers 85  226 

disposition,  disorganized  district 99  265 

district  board  may  sell 124  351 

division  by  county  superintendent,  new  districts 96  253 

exempt  from  taxation,  cities  first  class 56  138 

penalty  for  destruction 2 

sale  of,  cities  first  class 55  133 

union  district   83  220 

vested  in  board  of  education,  cities  first  class 55  132 

Pupils : 

admission  from  adjoining  districts 125  356 

appeal  to  county  superintendent  on  suspension 127  362 

conveyance  by  parent,  compensation Ill  300 

government  in  county  high  schools 142  408 

incorrigible 77  206 

indentured,  of  Reform  School 161  474 

Industrial  (Reform)   School  pupils 161  474 


INDEX.  273 

Pupils— concluded.                                                                                       Pd-  Sec. 

infected  with  contagious  disease 117  325 

membership  in  high-school  fraternities   158  466 

nonresidents  in  county  high  schools 142  407 

sent  to  adjacent  district 109  297 

sent  to  more  convenient  school 110  299 

sent  to  other  schools 110  298 

suspension  by  district  board    127  362 

suspension  by  principal  county  high  school 142  408 

suspension  for  membership  in  high-school  fraternities  ....    158  467 

transportation  provided  by  district Ill  301 

transportation,  school  discontinued 109  297 

truant 77  206 

Qualifications : 

board  of  county  examiners '36  76 

county  superintendent   86  231 

kindergarten  teachers 174  516 

superintendent  of  schools,  cities  first  and  second  class  ....     47  107 

voters  in  district  meetings 104  283 

Questions  for  examinations: 
common-school  diploma: 

prepared  by  State  Board  of  Education 117  320 

county  teachers'  certificates: 

distributed  by  state  superintendent 37  81 

forwarded,  when   38  82 

officers  may  have  possession , 38  85 

opened  by  whom,  when 36  77 

penalty  for  unlawful  use 38  84 

prepared  by  state  board 37  81 

unlawful  use 38  83 

normal  training  high  school  certificates 29  50 

Record  books,  for  school  districts,  purchased  by  county  superin- 
tendent        92  244 

Records: 

clerk  board  of  education,  cities  first  and  second  class  ....      46  106 
county  superintendent: 

apportionment  of  state  and  county  funds 87  235 

boundaries  consolidated  districts 83  219 

candidates  for  teachers'  certificates   87  235 

official  acts 87  235 

district  clerk: 

copies  of  reports 120  332 

delivered  to  successor 120  332 

preservation   • 120  332 

proceedings  of  district 120  332 

record  report  of  treasurer 123  349 

district  officers: 

examination  of  records  by  county  superintendent 87  235 

failure  to  deliver  records  to  successors 122  344 

penalty  failure  to  deliver 122  344 

district  treasurer: 

records  and  papers  handed  over  123  349 

records  of  receipts  and  disbursements 123  349 

School-fund  Commission,  permanent  fund,  condition  of,  192  566 

record  kept  in  office  of  state  superintendent 192  567 

state  superintendent  of  public  instruction,  certified,  shall 

be  evidence   203  614 

teachers 126  360 

warrants  drawn    231  684 

Refunding  bonds.    (See  Bonds,  refunding.) 

—18 


274  INDEX. 

Registration : 

bonds:                                                                                                           Pg.  See. 

cities  first  class 59  149 

cities  second  class 71  193 

consolidated    197  586 

permanent  school  fund 197  587 

purchased  by  School-fund  Commission   197  588 

refunding    18  24 

certificates : 

lapsed  certificates  and  diplomas  not  revived  by  regis- 
tration       35  75 

normal-training  certificates 181  535 

registered  by  county  superintendent  or  clerk  of  board 

of  education 34  70 

registration  required  before  payment  of  salary 35  71 

registration  reported  to  state  superintendent 35  72 

state  certificates   34  69 

State  Normal  School  certificates 34  69 

warrants   230 

Relatives  of  district  officers,  employment  as  teachers 126  358 

Religious  doctrine,  teaching  prohibited,  cities  first  class 56  137 

cities  second  class 69  184 

Removal  of  schoolhouse  from  settler's  claim  125  355 

Renewal  of  certificates: 

first  grade,  county   39  89 

lapsed  state    35  73 

normal-training  high  school   29  50 

state 31  56 

three-year  elementary,  for  three  years 29  51 

three-year,  for  life ; 28  47 

three-year,  for  three-year  periods 27  46 

special,  for  one  year   28  49 

Reports : 

board  of  education,  cities  first  class . 55  135 

board  of  education,  cities  second  class 68  182 

clerk,  joint  district 121  338 

clerks  of  townships,  cities  and  school  boards,  statement  of 

indebtedness   122  343 

county  clerk,  county  school  fund 84  224 

county  superintendent: 

annual,  to  state  superintendent 90  238 

normal  institute  fund 182  537 

quarterly,  to  state  superintendent 87  235 

trespassers  on  school  lands    100  273 

district  clerk: 

amount  of  tax  voted 128  364 

annual  report 120  335 

commencement  of  school  term   122  342 

examination  of  report  by  county  superintendent 92  242 

names  of  district  officers 122  342 

proceedings  of  district 120  332 

taxpayers'  names  reported  to  county  clerk 122  340 

district  treasurer    123  349 

judge  of  juvenile  court,  annual  report 171  502 

principal,  Barnes  high  school 151  444 

principal,  high  school  with  county  aid 147  431 

State  School  Book  Commission   214  635 

state  superintendent  of  public  instruction: 

biennial 203  615 


INDEX.  275 

Reports — concluded.                                                                                     Pff  Sec. 

investment  of  school  fund   192  566 

teachers : 

school   records    126  360 

truancy 78  208 

trustees,  county  high  school   143  410 

Retirement  fund: 

annual  payment,  disability  or  incapacity 188  554 

annual  payment  to  teacher  retired  after  thirty  years 187  553 

appropriation  from  general  school  fund 187  551 

assessment 187  551 

cities  of  the  first  class,  fund  created  in 187  551 

exemption    s 189  558 

gifts 187  551 

investment  of  surplus    187  552 

reinstatement  of  teacher  retired  for  disability 188  554 

retirement  of  teacher  with  thirty  years'  experience 187  553 

retirement  on  account  of  disability  or  incapacity 188  554 

rules  and  regulations 189  559 

"teacher"   defined    188  556 

teacher  not  reemployed   188  555 

transfer  to  another  city   188  555 

treasurer  to  keep  fund  separate   189  557 

Revocation  of  county  certificates 42  94 

Rural  high  schools.    (See  High  schools,  rural.) 

Rural  schools: 

accredited  by  the  State  Board  of  Education 205  619 

state  supervisors 206  621 

Salaries.    (See  Compensation.) 

Salary  not  paid  unless  certificate  is  registered 35  71 

School  age: 

cities  second  class 63  160 

districts 117  323 

School  districts.    (See  Districts.) 

School  fund  apportioned  by  county  superintendent 89  237 

School-fund  commissioners 190 

application  to  vote  additional  bonds 11 

attorney-general  member  of  commission 190  560 

authorize  increase  in  amount  of  bonds   11  5 

bonds  must  be  offered   , 194  572 

clerk 202  607 

collections 194  571 

compensation  of  members   195  575 

consolidation  of  bonds   , 197  585 

constitutional  provision    6 

custodian 193  569 

estates  of  deceased  persons  without  heir 195  576 

funding  bonds  received   , . 198  593 

hearing  of  application  to  vote  additional  bonds 12 

investment  of  permanent  school  fund   1-91  564 

meetings 190  561 

members  must  act  personally 190  560 

members  of  board  190  560 

orders  drawn  for  bonds  purchased    192  568 

present  bonds  for  registration  to  state  auditor   197  588 

purchase  bonds  at  lower  rate  than  stipulated 194  573 

quorum 192  565 

record  of  funds   192  566 

record  of  proceedings,  funding  bonds   199  596 

records  .                                            190  562 


276  INDEX. 

Shool-fund  commissioners — concluded.                                                   P&.  Sec. 

records  kept  in  office  of  state  superintendent 192  567 

register  of  bonds  offered  and  bought 191  563 

secretary  of  state  member  of  commission 190  560 

state  auditor  to  prepare  register 197  587 

state  superintendent  member  of  commission 190  560 

state  treasurer  custodian  of  bonds,  notes,  etc 193  569 

School  fund,  county.     (See  County  school  fund.) 

School-fund  depositories,  cities  first,  second  and  third  class.  ...      50  116 

School  fund  paid  to  cities  under  special  law 130  372 

School  grounds,  board  of  education  may  buy  additional 72  196 

Schoolhouse: 

district  board  may  open  for  certain  uses 124  353 

district  board  to  build,  hire  or  purchase 124  351 

doors  open  outward 133  378 

exits    133  379 

fire-escapes    133  379 

furnaces 133  380 

inspection    133  382 

plan  submitted  to  state  architect 133  381 

removed  from  claim  of  settler 125  355 

School  lands: 

lease . 6 

purchase  by  county  superintendent  unlawful 100  272 

revaluation    6 

sale    6 

site  acquired  by  purchase  of 113  305 

trespasses  on,  reported  by  county  superintendent 100  273 

School  laws,  published  by  state  superintendent  of  public  instruc- 
tion    203  611 

School  month 117  322 

School  property.     (See  Property.) 

School  Textbook  Commission 217 

advertise  for  bids 224  657 

appropriation    225  664 

authority  transferred  to  State  School  Book  Commission .  . .   207  622 

authorized  to  make  contracts 217  642 

basic  textbooks  not  to  be  excluded 225  662 

bids   218  645 

bids,  additional  textbooks 227  667 

blank  contracts  furnished 223  656 

bond  of  bidder 219  646 

commission  created   < 217  641 

contracts  not  affected  by  publication  act. 210  627 

dealers  and  agents 221  651 

district  ownership   222  653 

estimate  of  number  of  books  needed 222  652 

manuscripts     221  648 

maximum  prices    219  646 

maximum  prices,  additional  textbooks 226  666 

meetings 218  643 

228  672 

meetings,  special 224  658 

members 217  641 

oath  of  office 224  660 

opening  bids   219  646 

other  school  textbooks  may  be  used  as  reference  books 223  655 

penalties    224  661 

selling  charts,  maps,  globes,  etc.,  without  approval.  . .  .   227  669 

violation  of  act. .                                                                    .   227  .  671 


INDEX.  277 

School  Textbook  Commission — concluded.                                             pff-  Sec- 

violation  of  law  by  members  of  commission 225  663 

proceedings  published  220  647 

proclamation  of  governor 221  650 

secretary 220  647 

state  not  liable  to  contractor 221  649 

state  superintendent,  ex-officio  chairman 217  641 

term  of  contract 223  655 

term  of  office   217  642 

textbooks  to  be  adopted 218  644 

textbooks  to  be  adopted,  additional 225  665 

vacancy    224  659 

violation  of  contract 223  654 

unlawful  to  purchase  charts,  maps,  globes,  etc.,  unless  ap- 
proved       227  670 

unlawful  to  sell  charts,  maps  globes,  etc.,  unless  approved,  227  668 

use  of  school  books  in  other  branches  not  prohibited 223  655 

Second-grade  county  certificates   39  88 

Secretary,  board  of  trustees,  county  high  school: 

election 140  397 

duties 141  402 

Secretary  of  state: 

member  of  Board  of  School-fund  Commissioners 6 

president  of  Board  of  School-fund  Commissioners 190  560 

Secretary  State  Board  of  Education 205  618 

Secretary  State  School  Book  Commission: 

bond   208  623 

compensation    208  623 

duties   208  623 

election    208  623 

office   : 215  637 

pay  weekly  money  received  into  state  treasury 212  630 

qualifications    208  623 

report  sales  to  state  auditor  each  month 212  630 

term   208  623 

Sectarian  doctrine: 

cities  first  class 56  137 

cities  second  class 69  184 

Security  for  bonds: 

cities  first  class 59  148 

cities  second  class 71  192 

Sinking  fund: 

credited  with  interest  for  deposit 13  10 

investment : 

cities  first  class 58  145' 

cities  second  class 71  190 

refunding  bonds 21  29 

school  districts 12  9 

tax  levy: 

cities  first  class 58  146 

cities  second  class 71  189 

bonds  issued  for  warrants   73  200 

refunding  bonds 20  28 

school  district    12  9 

Site;  school: 

acquired  by  purchase  of  school  lands 113  305 

amount  of  land  condemned Ill  304 

change  of  site Ill  302 

condemned Ill  304 

county  high  school 141  403 

estimate  of  cost,  cities  first  class 56  142 


278  INDEX. 

Site,  school— concluded.                                                                            fa-  See. 

rural  high  school 155  458 

school  district  site  not  less  than  one  acre 165  285 

township  high  school   156  465 

Special  certificates.     (See  Certificates,  special.) 

Special  district  meeting 103  280 

annual  meeting  not  held 103  281 

notice   104  282 

Special  examinations  for  county  certificates 37  79 

State  Agricultural  College: 

accredited  by  State  Board  of  Education 31  57 

admission  of  graduates  from  county  high  schools 143  409 

graduates  from  accredited  high  schools  admitted 205  620 

investment  of  funds 191  564 

president  member  State  Board  of  Education 204  616 

president  member  State  School  Book  Commission 207  622 

state  treasurer  custodian  of  funds 193  569 

State  aid: 

school  districts: 

apportionment    107  292 

appropriation    108  295 

cost  of  tuition  and  transportation 109  297 

county  superintendent  to  certify  amount  due 10  /  291 

districts  excepted 109  297 

limitation,  certain  districts 109  297 

.     limitation,  school  discontinued 109  297 

purpose  to  provide  a  seven-months  term 106  289 

state  auditor  to  draw  warrants 109  296 

state  superintendent  to  certify  amount  due 107  291 

state  treasurer  to  remit.  * 107  291 

high  schools  teaching  agriculture  and  domestic  science.  . . .  185  546 

normal  training  high  schools 184  542 

State  annual  school  fund.     (See  Annual  school  fund.) 

State  architect,  plans  for  schoolhouses  submitted  to 133  381 

State  auditor: 

cancel  bonds  and  coupons  paid 198  590 

compare  register  with  bonds 198  591 

draw  warrants,  appropriation  State  School  Book  Commis- 
sion   : 215  637 

draw  warrants,  state  aid  to  school  districts   107  291 

109  296 

issue  warrants,  expenses  State  School  Book  Commission.  .  .  216  640 

register  bonds  belonging  to  permanent  school  fund 197  587 

register  bonds  purchased  by  School-fund  Commission 197  588 

register  consolidated  bonds 197  586 

stamp  refunding  bonds * 198  594 

State   Board   of   Agriculture,   president   member    State    School 

Book  Commission 207  622 

State  Board  of  Education 204  616 

accredited  colleges: 

approval  of  course  of  study 31  54 

certificates  issued  to  graduates  31  56 

department  of  education  in   54 

examination  of  course  of  study 55 

institutions  in  other  states  31  57 

State  Agricultural  College 31  57 

State   University    31  57 

agriculture  in  approved  high  schools 185  546 

distribution  of  state  appropriation 185  546 

appointment  of  state  supervisors  of  public  school 206  621 


INDEX.  279 

State  Board  of  Education — continued.  Pa-  Sec: 

appointment  of  three  members  of  state  board  by  governor,  204  616 
certificates,  teachers' : 

cancellation   of    35  74 

diploma,  life .  28  48 

examination  for  state  certificates   27  45 

graduates  from  normal  course  with  practice  teaching,  32  59 

high-school   teachers 30  52 

kindergarten  teachers    •.  .  174  516 

lapsed  life  certificates,  renewed    35  73 

life  diploma    28  48 

normal  institute  conductors 181  534 

normal  institute  instructors 181  534 

normal  training  teachers    29  50 

recognition  of  certificates  issued  in  other  states 34  68 

special  certificates   .- .  .  28  49 

agriculture 28  49 

domestic  art 28  49 

domestic   science 28  49 

drawing 28  49 

kindergarten 28  49 

music 28  49 

physical  training    28  49 

temporary  certificates 30  53 

three-year  certificates  to  graduates  of  accredited  col- 
leges   31  56 

32  58 

renewed  for  life    31  56 

three-year  elementary  certificates    29  51 

credentials 29  51 

examination 27  46 

renewal 27  46 

29  51 

three-year  renewable  certificates 27  46 

credentials 27  46 

examination 27  46 

renewal 27  46 

valid  in  what  schools 27  46 

three-year  certificates  renewable  for  life   28  47 

credentials 28  47 

examination 28  47 

renewal 28  47 

valid  in  what  schools   28  47 

validation  of  three-year  renewable  certificate  for  high- 
school  teaching    27  46 

void,  when   .' 35  73 

chairman 204  616 

chancellor  State  University  a  member 204  616 

colleges,  accrediting  of 31  54 

courses  of  study: 

common  schools   114  310 

district  schools 204  617 

graded  schools   204  617 

high  schools   204  617 

high  schools,  county   144  414 

146  424 

high  schools,  rural    155  461 

industrial  training    159  469 

159  470 

normal  institutes 204  617 

public  schools 204  617 


280  INDEX. 

State  Board  of  Education — concluded.                                                   PO.  Ser. 

examinations : 

common  school  diploma  117  320 

county  teachers'  certificates 37  gl 

high  school  credits  for  county  certificates 40  90 

kindergarten  teachers'  certificates   174  516 

normal  training  teachers'  certificates 29  50 

state  teachers'  certificates . 27  45 

graded-  schools : 

accrediting 205  619 

course  of  study 204  617 

standards  defined    205  619 

supervisors  appointed 206  621 

high  schools: 

accrediting  of 205  619 

accrediting  for  normal  training 29  50 

184  541 

approval  for  credits  required  for  county  certificates,     40  90 

approval  for  agriculture  and  domestic  science 185  546 

approval  as  preparatory  to  accredited  colleges 32  58 

standards  defined    205  619 

supervisors  appointed    '.   206  621 

members    204  616 

appointment    204  616 

compensation    204  616 

duties   204  617 

expenses    204  616 

meetings 204  617 

term  of  appointed  members   204  616 

normal  training  in  high  schools : 

approval  by  high  schools 184  541 

certificates   granted 29  50 

distribution  of  state  appropriation 184  542 

rules  and  regulations  184  543 

renewal  of  lapsed  life  certificates 35  73 

rural  schools: 

accrediting  of    205  619 

course  of  study   204  617 

standards  defined    205  619 

supervisors  appointed 206  621 

president  State  Agricultural  College  a  member 204  616 

president  State  Normal  School  a  member 204  616 

secretary 205  618 

election    205  618 

duties 205  618 

qualifications    205  618 

salary  . . .  . 205  618 

term   205  618 

standards  of  rural,  graded,  and  high  schools  defined 205  619 

State  Department  of  Education 201  602 

State   Superintendent  of  Public   Instruction   member   and 

chairman 204  616 

stenographer    / 205  618 

supervision  of  public  schools   206  621 

appointment   206  621 

expenses    206  621 

salary    206  621 

term  of  appointed  members 204  616 

State  certificates.     (See  Certificates,  state). 

State  constitution,  educational  provisions 5 


INDEX.  281 

Pg.  Sec. 

State  Department  of  Education 201 

assistant  state  superintendent  201  606 

chief  clerk    202  607 

department  constituted    201  602 

secretary  state  board  of  education 205  618 

State  Board  of  Education 201  602 

State  Superintendent  of  Public  Instruction 201  602 

supervisors  of  public  schools 206  621 

State  fire  marshal,  fire  prevention  bulletin 134  386 

State  Normal  Schools: 
certificates : 

common  school  32  60 

life    33  63 

life  diploma 33  64 

one-year    33 

special    33  66 

agriculture    33  66 

commercial  subjects   

domestic   science    

drawing  33  66 

manual  training .33  66 

music    33  66 

occupational  subjects   33  66 

three-year   33  62 

certificates  issued  before  September  1,  1916 33  65 

certificates  registered  and  signed  by  state  superintendent,     34  67 

diploma    32  60 

33  64 

graduates  from  accredited  high  schools  admitted 205  620 

graduates  from  county  high  schools  admitted 143  409 

investment  of  funds 191  564 

president : 

member  State  Board  of  Education 204  616 

member  State  School  Book  Commission 207  622 

registration  of  certificates  and  diplomas 34  67 

34  69 

signing  of  certificates  by  state  superintendent  34  67 

state  treasurer  custodian  of  funds 193  569 

State  Orphans'  Home,  county  superintendents  agents 100  271 

State  printer: 

member  State  School  Book  Commission 207  622 

printing  of  textbooks 210  626 

.  statement  of  cost  of  textbooks 210  628 

State  School  Book  Commission   207 

adoption  of  textbooks 208  624 

contract  with  publishers  208  624 

exchange   208  624 

price 208  624 

annual   report 214  635 

application  and  agreement  of  dealer 213  631 

appropriation : 

grounds,  buildings,  equipment  and  expenses   215  637 

revolving  fund,  1916,  1917 216  638 

unexpended  balances    216  639 

approval  of  supplementary  books 214  634 

authority  and  powers  of  School  Textbook  Commission  ....   207  622 

books  not  regarded  as  sold  till  shipped 212  630 

books  of  reference  not  prohibited 210  627 

books  sold  to  State  Normal  School  and  other  institutions,  212  630 

chairman 208  623 


282  INDEX. 

State  School  Book  Commission — concluded.  Pf  Sec. 

commission  allowed  to  dealers 211  629 

commission    created 207  622 

compensation  of  members  207  622 

complete  series  of  textbooks  provided .  208  624 

condemnation  of  land 215  637 

contract  with  authors  and  publishers 210  625 

copyrights 210  625 

dealers : 

agreement 213  631 

application    213  631 

commission    211  629 

designated  by  school  boards 211  629 

penalty  for  increase  in  price 213  633 

penalty  for  violation  of  agreement 213  682 

requisitions 212  630 

sales  to  dealers  for  cash  only 212  630 

educational  institutions  may  purchase  books 212  630 

free  textbooks  authorized  by  vote 211  629 

manuscripts    210  625 

members : 

appointed  members 207  622 

compensation    207  622 

expenses    207  622 

members  ex  officio 207  622 

oath  of  office 207  622 

penalties    213  633 

215  636 

rules  and  regulations 207  622 

term  of  office 215  637 

order  exclusive  use  of  authorized  books   210  627 

penalty : 

increase  of  price   213  633 

use  of  other  books   213  635 

violation  of  act  by  members 215  636 

price  lists  furnished 213  631 

prices  based  on  cost 211  629 

purchase  of  books  by  dealers 211  629 

212  630 

purchase  of  books  by  district  boards  and  boards  of  education,  211  629 

212  630 

remuneration  of  authors -. 210  625 

requisitions  212  630 

secretary   208  623 

bond    . 208  623 

compensation    208  623 

duties   208  623 

election    208  623 

payments  to  state  treasurer 212  630 

report  to  state  auditor 212  630 

term   208  623 

series  of  textbooks   208  624 

supplementary  books: 

approval    214  634 

distribution 214  634 

purchase  by  school  board   214  634 

use  in  lieu  of  adopted  books  prohibited 214  634 

textbooks  sold  for  cash  only 212  630 

textbooks  printed  by  state  printer 210  626 

warrants  drawn  by  state  auditor 216  640 

State  School-fund  Commission.     (See  School-fund  Commission.) 


INDEX.  283 

Pff.  Sec. 

State  school  funds,  disbursement  of  income 6 

State  superintendent  of  public  instruction 201  603 

appeal  in  joint  district  boundaries 102  278 

appoint  state  supervisors  of  public  schools   206  621 

assistant    201  606 

approve  issue  of  bonds  without  election,  cities  second  class,     70  188 

ask  advice  of  attorney-general   202  610 

bond 201  604 

certify  copies  of  papers 203  614 

certify  organization  of  normal  institute  182  538 

certify  to  state  auditor  amount  due  school  districts 107  291 

chief   clerk    202  607 

distribute  county  examination  questions    37  81 

.  distribute  state  annual  school  fund 202  608 

draw  orders  on  state  treasurer,  distribution  of  school  fund,  202  609 

forward  examination  questions  to  county  superintendent          38  82 

furnish  price  lists  of  school  books  for  use  of  dealers 213  633 

furnish  questions  for  special  county  examinations 37  79 

general  duties 201  603 

general  supervision  of  educational  interests   5 

give  notice  of  estate  of  deceased  person  without  heir 196  579 

give  official  opinions 202  610 

grant  permit  to  business  college  to  canvass  . 25  40 

make  biennial  report  to  governor 203  615 

make  certificate  relating  to  industrial  training   159  471 

member  of  Board  of  School-fund  Commissioners 6 

member  and  secretary  Board  of  School-fund  Commissioners,  190  560 

member  and  chairman  State  Board  of  Education 204  616 

member  State  School  Book  Commission   207  622 

oath  of  office 201  604 

obtain  information  from  other  states   203  612 

office  in  the  capitol 203  613 

penalty  for  receiving  bonus   132  376 

prepare  instructions  for  patriotic  exercises   186  550 

prepare  program  for  patriotic  exercises 186  549 

prescribe  forms  and  blanks   203  611 

preserve  official  reports    203  613 

provide  blanks  for  registration  of  state  certificates 35  72 

provide  for  observance  of  certain  holidays 186  549 

publish  school  laws 203  611 

recommend  textbooks   203  612 

report  investments  of  school  fund 192  566 

salary 201  605 

sign  Normal  School  certificates  and  diplomas  34  67 

sign  state  certificates 27  45 

State  Department  of  Education   201  602 

statistical  and  filing  clerk 202  607 

stenographers 202  607 

.supervise  educational  interests 201  603 

vis'.t  each  county 203  612 

State  supervisors  of  public  schools: 

appointment 206  621 

duties 206  621 

expenses ;   206  621 

salary 202  621 

State  treasurer: 

bonds  payable  at  office 15  15 

cancel  bonds  and  coupons  paid   15  18 

cancel  bonds  and  coupons  paid  before  maturity 14  13 


284  INDEX. 

State  treasurer — concluded.  Pg.  Sec. 
custodian  of  Agricultural  College,  Normal  School  and  Uni- 
versity funds   193  569 

custodian  of  state  school  funds 193  569 

furnish  statement  of  amount  due  on  bonds 15  16 

pay  annual  school  fund  to  county  treasurer 200  598 

produce  coupons  and  bonds  for  comparison  with  auditor's 

register 198  591 

receive  income  state  school  fund 200  597 

register  orders  drawn  by  School-fund  Commission 192  568 

remit  state  aid  to  county  treasurers 107  291 

report  to  state  superintendent  amount  annual  school  fund,  193  570 
report  to  state  superintendent  amount  of  permanent  school 

fund 193  570 

state  school-book  fund  kept  separate 193  570 

statement  to  auditor  of  interest  on  bonds  or  principal  col- 
lected    198  589 

separate  accounts  of  annual  and  permanent  school  fund .  .  193  570 

State  University: 

accredited  by  State  Board  of  Education  31  57 

chancellor  member  State  Board  of  Education 204  616 

constitutional  provision  for   6 

graduates  accredited  high  schools  admitted   205  620 

graduates  Barnes  high  schools  admitted 149  437 

graduates  county  high  schools  admitted  143  409 

graduates  may  receive  state  certificate  32  58 

investment  of  funds  191  564 

land  reserved  for  support  of  7 

state  treasurer  custodian  of  funds 193  569 

Suits  against  merged  districts    23  36 

Superintendent  of  schools,  cities  of  first  and  second  class 47  107 

compensation   47  107 

duties -. 47  107 

election 47  107 

notice  to  truant  officer  78  208 

qualifications 47  107 

term 47  107 

Supplementary  textbooks,  approval  by  State  School  Book  Com- 
mission    214  634 

Suspension  of  pupil : 

district  board    127  362 

appeal 127  362 

membership  in  high-school  fraternities   158  467 

principal  county  high  school 142  408 

Tax  levy.    (See  Taxation.) 
Taxation : 

exceptions  to  limitations  in  tax  levies 175  518 

excessive  levy  unlawful   176  520 

general  limitation  in  tax  levies  175  517 

increasing  levy  above  general  limit 175  519 

levy  for  industrial  training   150  468 

penalty  for  making  excessive  levies 176  521 

rural  high  schools   154  457 

Taxation — Barnes  high  schools.    (See  Taxation,  county.) 
Taxation — cities  of  first  class : 

annual  levy  53  126 

bonds,  interest  and  sinking  fund 71  189 

bonds,  refunding,  interest  and  sinking  fund 60  152 

levy  by  board  of  education 19  26 

levy  by  county  clerk 19  26 

levy  by  county  treasurer 19  27 

penalty,  board  or  county  clerk 19  26 


INDEX.  285 

Taxation — cities  of  first  class — concluded.  PV-  Sea. 

penalty,  county  treasurer   19  27 

penalty,  failure  to  levy  tax 60  153 

bonds,  outstanding  warrants,  interest  and  sinking  fund,  62  158 

bonds,  refunding,  sinking  fund 20  28 

buildings  and  repairs 53  126 

industrial  training 159  468 

playgrounds 55  130 

support  of  schools 53  126 

limitation  of  levy 54  128 

levy  certified  to  county  clerk 53  126 

levy  made  by  county  superintendent,  indebtedness  to  district,  113  307 

school  property  exempt 56  138 

taxes  paid  in  money 54  127 

taxes  subject  to  order  of  board  of  education 54  127 

whole  city  taxing  district 55  131 

Taxation — cities  of  second  class: 

annual  levy 67  176 

bonds,  interest  and  sinking  fund 71  189 

bonds,  refunding,  interest  and  sinking  fund 19  26 

levy  by  board  of  education 19  26 

levy  by  county  clerk 19  26 

levy  by  county  treasurer 19  27 

penalty,  board  or  county  clerk 19  26 

penalty,  county  treasurer   19  27 

bonds,  refunding,  sinking  fund. 20  28 

buildings,  certain  cities 71  194 

limit  of  building  tax 72  195 

indebtedness    68  177 

industrial  training 159  468 

outstanding  warrants,  interest  and  sinking  fund 73  200 

support  of  schools 67  176 

limitation   68  177 

limitation,   certain   cities 68  178 

levy  made  by  county  superintendent,  indebtedness  to 

school  district 113  307 

taxes  paid  in  money 68  179 

territory  attached    63  161 

territory  of  second  district,  city  changed  from  third  to 

second  class 64  164 

whole  city  subject  to  taxation 68  179 

Taxation — county : 

aid  to  school  districts 107  290 

aid  to  high  schools,  counties  of  population  less  than  10,000,  146  428 

levy  certified  by  county  superintendent 147  433 

levy  made  by  county  commissioners 147  432 

limit  of  levy 146  428 

buildings,  county  high  schools  established  by  special  act..  148  436 

county  high   schools 140  398 

levy  certified  by  whom 141  401 

levy  made  by  board  of  trustees 140  398 

limit   five-tenths   mill 140  399 

limit  nine-tenths  mill  certain  counties 140  400 

detention  home 171  501 

high-school   tuition    137  389 

high  schools,  Barnes  law 149  437 

first  levy  made,  when 150  440 

joint  districts   150  443 

levy  for  buildings 149  437 

limit  five-tenths  mill 149  438 

limit  nine-tenths  mill  certain  counties 150  439 

parental  home,  certain  counties 172  512 


286  INDEX. 

Pff.  Sec. 

Taxation,  rural  high-school  district   154  457 

Taxation — school  districts : 

annual  tax  voted  by  district  meeting   105  285 

floating  indebtedness    105  285 

general  school  purposes 105  285 

levy  limited  to  four  and  one-half  mills 105  286 

levy  limited  to  six  mills,  certain  districts 105  286 

levy  may  be  increased  by  three-fourths'  vote  ....  175  519 
minimum  levy  four  and  one-half  mills  in  districts 

with  state  aid 106  289 

high-school  tuition    138  391 

industrial  training   159  468 

judgments,  levy  by  district  board 128  365 

penalty  for  failure   128  365 

libraries     177  522 

increasing  the  levy  by  three-fourths  vote 175  519 

indebtedness,  depopulated  districts  96  254 

indebtedness,  disorganized  districts   98  262 

indebtedness,  part  of  district  annexed  to  city 113  307 

interest  and  sinking  fund,  bonds   12  9 

interest  and  sinking  fund,  refunding  bonds    19  26 

interest  coupons  receivable  for  taxes 22  32 

levy  certified  by  district  clerk  128  364 

levy  made  by  county  commissioners 128  364 

levy  made  by  county  superintendent,  when 108  293 

levy  to  pay  bonds  and  interest 12  9 

taxpayers  reported  by  district  clerk 122  340 

penalty  for  failure 122  341 

tax  voted  but  not  collected  123  348 

union  or  graded  districts 130  368 

Teacher,  word  "teacher"  denned,  retirement  law 188  556 

Teachers : 

contract  in  writing    126  357 

contracts  void,  if  relatives  of  district  officers 126  359 

dismissed  for  cause 126  357 

district  board  shall  contract  with  126  357 

employment  of: 

cities  of  first  and  second  class 47  108 

county  high  schools 141  404 

.county  high  schools,  counties  of  population  less  than 

6000 144  ,  416 

school   districts    126  357 

employed  by  county  superintendent,  when 108  298 

high  schools,  counties  under  6000 144  416 

industrial  training    159  470 

records  and  reports   ,.  . .  126  360 

penalty  for  failure   126  360 

register  of,  kept  by  county  superintendent 87  235 

report  names  of  truants   78  208 

penalty  for  failure   78  208 

wages  specified  in  contract : 126  357 

Teachers'  association,  county  superintendent  shall  encourage .  .  87  235 
Teachers'  certificates.     (See  Certificates.) 
Teachers'  examinations.     (See  Examinations.) 
Teachers'  retirement  fund.      (See  Retirement  fund.) 

Temporary  county  certificates  41  92 

Temporary  state  certificates    30  58 

Term,  length  of  school  term  determined  by  voters  at  district 

meeting 106  287 

Term,  minimum: 

eight  months,  cities  first  and  second  class 106  288 

seven  months,  school  districts   106  288 


INDEX.  287 


Term  of  office:  PQ-  ««*• 

board  of  education,  cities  first  and  second  class 45  102 

clerk,  board  of  education,  cities  second  class 65  166 

county  superintendent   86  232 

district  officers   118  328 

president  board  of  education,  cities  second  class 65  166 

secretary  State  Board  of  Education 205  618 

secretary  State  School  Book  Commission 208  623 

superintendent  of  schools,  cities  first  and  second  class ....  47  107 

State  School  Book  Commission   207  622 

trustees  county  high  schools 139  396 

Term  of  school  determined  by  district  meeting 106  287 

Territory : 

attached  for  school  purposes,  cities  of  first  class 51  118 

attached  for  school  purposes,  cities  of  second  class 63  161 

detached  by  county  superintendent,  cities  second  class. ...  64  165 
disorganized  district  not  liable  for  debt  of  district  to  which 

attached 99  266 

part  of  district  annexed  to  city  first  or  second  class 113  307 

school  district  annexed  to  city  first  or  second  class 113  306 

school  district  containing  city  of  third  class  remains  at- 
tached when  city  becomes  of  second  class 64  164 

Textbooks 207 

(See,   also,    State    School    Book    Commission,    and    School 
Textbook  Commission.) 

Third-grade  certificate,  requirements 39  87 

Three-year  state  certificates.    (See  Certificates,  state.) 

Tobacco  and  cigarettes: 

misdemeanor  for  minor  to  use  in  public  places 229  674 

penalty 229  675 

unlawful  to  sell  or  give  away  cigarettes 229  673 

Township  clerk  must  register  refunding  bonds 18  24 

Township  high  schools.    (See  High  schools,  township.) 

Transportation  of  pupils: 

compensation  to  parents   Ill  300 

consolidated  district 82  216 

provided  by  district  board Ill  301 

pupUs  sent  to  other  districts   109  297 

Traveling  expenses,  county  superintendent 91  239 

Traveling  libraries.     (See,  also.  Libraries.)  . . .  . 178  525 

Treasurer,  board  of  education  cities  of  first  class 52  123 

board  may  elect   .  ...  52  123 

bond 52  123 

city  treasurer  ex  offtcio  treasurer  of  board 52  123 

compensation 52  123 

deliver  warrant  register  to  successor 232  689 

deposit  money  daily 52  123 

deposit  money  in  designated  depositories   50  116 

indorse   warrants   "presented   and   not   paid   for   want   of 

funds" 232  687 

pay  money  upon  warrants 52  123 

prepare  monthly  report   52  123 

record  of  warrants  paid   232  686 

redemption  of  indorsed  warrants   232  688 

register  indorsed  warrants 232  687 

remit  to  state  treasurer  money  collected  for  redemption  of 

bonds  and  coupons 15  17 

taxes  placed  in  hands  of 54  127 


288  INDEX. 

Pg.      Sec. 

Treasurer,  board  of  education  cities  second  class 66     174 

bond 67     175 

deliver  warrant  register  to  successor 232     689 

deposit  money  in  designated  depositories 50     116 

elected  by  city 66     174 

indorse  warrants   "Presented   and   not   paid   for   want   of 

funds"    232     687 

interest  paid  when  due 71     191 

pay  money  upon  warrants   67     175 

prepare  monthly  report 67     175 

produce  books  and  papers   67     175 

redemption  of  indorsed  warrants 232     688 

register  warrants  indorsed 232     687 

remit  to  state  treasurer  money  collected  for  redemption  of 

bonds  and  coupons   15       17 

taxes  paid  over  to  county  treasurer 67     176 

term    66     174 

Treasurer,  county.     (See  County  treasurer.) 

Treasurer  county  high  school   140     397 

appointment    140     397 

bond 140     397 

duties   140     397 

taxes  paid  to,  by  county  treasurer 141     401 

term    140     397 

Treasurer  school  district.     (See  District  treasurer.) 
Treasurer,  state.     (See  State  treasurer.) 
Truancy  law.    (See  Compulsory  Education.) 
Truant  officers: 

appointment    76     205 

compensation    78     207 

complaint  by    76     205 

duties   76     205 

enforce  education  of  deaf,  dumb  and  blind   79     210 

nomination    76     205 

number 77     206 

Truants : 

habitual  truants 77     206 

names  reported  by  teachers 78     208 

Trustees,  county  high  school: 

annual   report    143     410 

annual  tax  levy 140     398 

appointment    139     395 

compensation    143     412 

election    139     396 

employ  principal  and  teachers  141     404 

expel  members  high-school  fraternities   158     467 

local  site    141     403 

officers  of  board 140     397 

president  and  secretary  to  certify  tax  rate 141     401 

provide  buildings 141     403 

secretary   140     397 

term 139     396 

treasurer   140     397 

vacancy  filled  by  county  commissioners 143     411 

Tuition: 

Barnes  high  schools   151     446 

county  high   schools 142     407 

fee  may  be  assessed,  school  districts 118     327 

high  schools,  cities  of  second  class 65     170 

high  schools,  paid  by  district  138     391 


INDEX.  289 

Tuition — concluded.  pv-  *ec- 

high  schools,  payment  in  certain  counties 136  387 

pupils  sent  to  more  convenient  district 110  299 

pupils  sent  to  other  schools,  schools  discontinued 110  298 

pupils  sent  to  other  districts,  certain  districts 109  297 

rural  high  schools 155  462 

Union  or  graded-school  districts 129 

annual  meeting,  date 103  280 

board  of  directors: 

duties    129  367 

election 129  366 

powers 129  367 

bonds    130  369 

clerk    130  370 

established,   how    129  366 

purpose 129  366 

tax  levy  for  buildings  and  expenses 130  368 

treasurer    130  371 

(See,  also,  Consolidation.) 

Universities : 

accredited  by  State  Board  of  Education. 31  54 

course  of  study  examined  and  approved  by  State  Board  of 

Education 31  54 

graduates  may  receive  state  certificates 32  58 

University,  department  of  state  school  system 5 

University  fund: 

constitutional  provision   6 

custodian    193  569 

religious  sect  shall  not  control 6 

Use  of  school  buildings,  cities  of  first  and  second  class 47  109 

Use  of  schoolhouse,  school  districts 124  353 

Vacancies : 

board  of  education,  cities  of  first  and  second  class 45  103 

county  superintendent   92  241 

district  board,  filled  by  county  superintendent 92  240 

examining  committee  board  of  education,  cities  first  class .  .  53  125 

trustees,  county  high  schools 143  411 

Valuation  of  property: 

certified  by  county  superintendent  to  district  clerks 87  235 

detachment  of  territory 108  294 

formation  of  new  districts 108  294 

relation  to  bond  issue: 

cities  of  first  class 57  143 

cities  of  second  class 70  188 

districts    9  1 

refunding  bonds 17  22 

Vice  president : 

board  of  education,  cities  first  class 52  121 

board  of  education,  cities  second  class 66  172 

Voters,  district  meetings: 

challenge    104  284 

qualifications   104  283 

Wages,  teachers': 

contract    shall    specify 126  357 

paid  for  last  month  after  term  report  is  filed 126  360 

paid  for  last  month  after  truancy  report  is  made 78  208 

Warrants 231 

bonds  to  pay  outstanding,  cities  second  class 72  197 

countersigned  by  treasurer 231  685 

—19 


290  INDEX. 

Warrants — concluded.                                                                                 Pa-  Sec. 

definition  of  term  "warrants" 231  681 

drawn  how    231  681 

outstanding  warrants  refunded 17  23 

payment  by  treasurer. 232  686 

payment  in  order  presented 232  687 

penalty,  signing  or  attesting  warrant  not  authorized 233  690 

presented  and  not  paid  for  want  of  funds 232  687 

publication  of  call  for  redemption  of  unpaid  warrants 232  688 

record  kept  by  clerk 231  684 

register  delivered  by  treasurer  to  his  successor 232  689 

signed  and  attested  by  whom 231  683 

time  warrants  to  pay  for  buildings,  cities  of  second  class.  .      71  194 

verified  by  affidavit   231  682 

Warrants  and  bonds  lost  and  destroyed: 

affidavit  and  indemnifying  bond   230  678 

duplicate  may  be  issued , . .   230  676 

duplicate  issued  on  delivery  of  mutilated  bond  or  warrant,  230  677 

duplicate  to  correspond  with  original   230  679 

record  of  duplicates  issued  230  680 

Washington's  birthday,  observance  in  public  schools 186  549 

Water-closets 125  354 

White  children,  separate  schools,  cities  first  class 52  119 

Willard,  Frances  Willard  Day 234  691 


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SEP  2?  1920 
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